LAWS 


MISSOURI 


RELATING  TO 


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MINE  INSPECTION  DEPARTMENT, 
Jefferson  City^  Mo. 


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LAWS 


OF 


MISSOURI 


RELATING  TO 


MINES  AND  MINING 

*0-  


1909. 


INSPECTORS 


LEAD  AND  ZINC  MINES. 

Clias.  P.  Wallace . Carterville. 

W.  S.  Brown Joplin. 

I.  J.  Pirtle Fredericktown. 

COALIMINES. 

Robt.  Richards Bevier. 

Michael  Gavin Lexington. 


Geo.  Bartkolomaeus,  Secretary^ 
BUREAU  OF  MINES  AND  MINE  INSPEaiON, 
Jefferson,  City,  Mo. 


LAWS  RELATING  TO 
MINES  AND  MINING. 


^INING,  HOW  CONDUCTED,  RIGHTS  OF 
MINERS,  MINE  OWNERS  AND  OTHERS. 


ARTICLE  I. 


Sec.  8408.  Rights  of  miners  and 
owners  of  mineral  lands — condition  of 
permits. — When  any  person  owning 
real  estate  in  this  state,  or  any  person 
a leasehold  interest  in  such  real 
or  mining  purposes  by  lease  from 
the  owner  thereof,  duly  acknowledged 
and  recorded  in  the  county  wherein  the 
l^l^nd  lies,  shall  permit  any  person  or 
r persons,  other  than  their  servants, 
^ agents  or  employes,  to  enter  and  dig 
Qor  mine  thereon  for  lead  ore  or  other 
')>^minerals,  with  the  consent  of  such  owner 
or  owners  or  lessee,  he  or  they  shall 
keep  a printed  statement  of  the  terms, 
^conditions  and  requirements  upon  which 
such  lands  may  be  mined  or  prospected, 
, and  the  time  during  which  the  right  to 
mine  or  prospect  thereunder  shall  con- 
^tinue,  posted  or  hung  up  in  a conspicu- 
■ ous  place,  in  plain,  legible  characters, 
(3) 


u 


4 


in  the  principal  office  or  place  of  busi- 
ness of  such  person  or  company  in  the 
county  in  which  said  lands  are  situated, 
or  in  a county  contiguous  thereto,  and 
shall  deliver  to  any  person  mining  or 
prospecting,  or  about  to  mine  or  pros- 
pect on  said  lands,  and  requesting  it,  a 
printed  copy  of  such  statement;  all  per- 
sons digging  or  mining  on  said  landcf, 
after  the  posting  up  of  such  statement, 
shall  be  deemed  to  have  agreed  to  and 
accepted  the  terms  thereof,  and  shall, 
together  with  such  owner  or  lessee,  be 
bound  thereby,  and  upon  failure  or  re- 
fusal to  comply  with  the  terms,  condi- 
tions and  requirements  of  such  state- 
ment, he  or  they  shall  forfeit  all  right 
thereunder,  and  the  owner  or  lessee,  as 
aforesaid,  of  such  lands,  may  re-enter 
thereon  and  take  possession  of  the  same, 
nor  shall  the  receipt  of  any  ore  or  min- 
eral by  any  such  owner  or  lessee,  after 
any  such  forfeiture  has  been  incurred,  be 
deemed  or  taken  as  a waiver  of  such 
forfeiture.  (R.  S.  1899,  § 8766.) 

Sec.  8409.  Forfeiture. — Whenever  any 
such  owner  or  lessee  of  real  estate  shall 
permit  any  person  or  persons,  other 
than  their  servants,  agents  or  employes, 
to  enter  and  dig  for  lead  ore  or  other 
minerals  on  such  real  estate,  with  his 
consent,  but  without  such  owner  or  les- 
see compl3dng  with  the  provisions  of 
section  8408,  and  such  person  or  persons 
having  so  entered  upon  said  lands  by 
the  permission  or  consent  of  such 


5 


owner  or  lessee  as  aforesaid,  and  hav- 
ing in  good  faith  dug  or  opened  any 
shaft,  mine,  quarry,  prospect  or  deposit 
of  mineral,  or  extended  or  opened  from 
any  shaft  or  mine  any  room,  drift,  en- 
*try  or  other  excavation,  he  or  they  shall 
have  the  exclusive  right  as  against  such 
pwner  or  lessee  giving  such  permit  or 
consent,  and  against  any  person  claim- 
ing by,  through  or  under  such  owner  or 
lessee,  to  continue  to  work,  mine  and 
dig  such  shaft,  mine  prospect  or  deposit 
of  mineral  so  dug  or  opened  by  him  or 
them  as  aforesaid,  in  said  real  estate, 
with  a right  of  way  over  such  lands  for 
the  purpose  of  such  mining,  for  the 
term  of  three  years  from  the  date  of 
the  giving  of  such  consent  or  permit: 
'Provided,  however,  that  if  such  person  or 
persons,  in  each  case  so  mining  as  afore- 
said, shall  fail  or  neglect  to  work  or 
cause  to  be  worked,  such  shaft,  mine, 
quarry,  prospect  or  deposit  of  mineral 
for  ten  days,  not  including  Sundays,  in 
any  one  calendar  month,  after  com- 
mencing said  work,  he  or  they  shall  for- 
feit all  rights  to  work,  mine  or  hold  the 
same  as  against  such  owner  or  lessee,  un- 
less such  failure  or  neglect  was  caused 
by  unavoidable  circumstances,  or  by  the 
act  of  such  owner  or  lessee  or  his  agent, 
or  unless  such  owner  or  lessee  consent 
thereto:  Provided,  further,  that  such  per- 
son or  persons,  so  mining  as  aforesaid, 
shall  pay  to  the  owner  or  lessee  of  said 
lands  giving  such  permit  or  consent  the 


6 


royalty  for  mining  thereon,  at  least  once 
every  month,  if  demanded  by  such  owner 
or  lessee,  by  delivering  the  same  to  him 
at  or  near  the  mouth  or  opening  of 
such  mine,  shaft  or  quarry,  or  at  the 
nearest  usual  place  of  business  of  such 
owner  or  lessee,  or  at  any  other  place 
that  may  be  agreed  upon  by  such  minej 
and  owner  or  lessee;  which  said  royalty, 
unless  otherwise  agreed  upon  by  them, 
shall  be  the  same  in  kind  and  propor- 
tionate amount  as  is  paid  by  others  min- 
ing the  same  kind  of  ore  or  mineral  on 
said  lands  to  such  owner  or  lessee,  or 
the  value  of  such  royalty  in  cash;  and 
if  there  be  no  other  person  mining  on 
said  lands  on  terms  prescribed  by  such 
owner  or  lessee,  then  he  or  they  shall 
pay  to  such  owner  or  lessee  the  same 
rate  and  kind  of  royalty  on  lead  ore  or 
minerals  taken  out  by  him  or  them  as 
is  paid  by  miners  on  lands  nearest  there- 
to belonging  to  other  persons,  or  the 
value  of  such  royalty  in  cash.  Such 
owner  or  lessee  of  any  real  estate  shall 
have  a lien  on  all  minerals  taken  or  dug 
therefrom  for  the  royalty  due  thereon 
until  the  same  is  paid;  and  if  any  such 
person  or  persons  so  mining  shall  re- 
fuse or  fail  to  pay  such  royalty  to  such 
owner  or  lessee,  or  his  agent,  when  de- 
manded as  aforesaid,  he  or  they  shall 
thereby  forfeit  the  right  to  work  such 
mine,  shaft,  quarr^q  prospect  or  deposit 
of  mineral,  and  the  said  owner  or  lessee 
may  thereupon  enter  and  take  posses- 
sion of  the  same.  (R.  S.  1899,  § 8767.) 


7 


Sec.  8410.  Tender  of  payment. — 
Any  such  person  or  persons  who,  by 
the  permission  or  consent  of  the  owner 
« or  lessee  of  any  real  estate,  and  having 
the  right  to  mine  thereon,  and  having 
entered  and  du^  or  mined  thereon  any 
lead  ore  or  other  mineral,  shall  have 
Jhe  right  to  the  exclusive  possession  of 
such  ore  or  mineral,  except  the  royalty 
thereon,  which  shall  be  paid  as  herein- 
before provided,  until  he  or  they  shall 
be  paid  or  tendered  by  such  owner  or 
lessee  of  such  real  estate  the  then  high- 
est market  price  in  cash  paid  by  such 
owner  or  lessee  for  the  same  kind  of 
ore  or  mineral  dug  or  mined  on  said 
lands,  and  if  no  other  such  ores  or  min- 
erals are  at  the  time  being  dug  or  mined 
on  said  lands  and  sold  to  such  owner 
or  lessee,  then  the  highest  price  paid 
for  such  ore  or  mineral  dug  on  lands 
nearest  thereto  shall  be  paid  or  tendered 
by  such  owner  or  lessee  in  such  case, 
and  upon  such  payment  or  tender,  the 
absolute  right  to  the  possession  of  such 
lead  ore  or  other  mineral  so  dug  out  and 
mined  under  the  provisions  of  the  next 
preceding  section,  and  for  which  such 
payment  or  tender  shall  have  been 
made,  shall  vest  in  such  owner  or  lessee. 
(R.  S.  1899,  § 8768.) 

Sec.  8411.  Notice  to  owner  or  les- 
see.— If  any  person  or  persons  having 
„•  dug  or  mined  lead  ore  or  other  mineral, 
and  having  the  same  in  his  or  their 
possession,  and  having  offered  to  de- 


8 


liver  such  mineral  according  to  con- 
tract, or  paid  or’  tendered  the  royalty, 
if  any,  due  thereon,  or  the  value  'of  such 
royalty  in  cash,  to  such  owner  or  les- 
see of  said  real  estate,  or  to  his  agent, 
shall  serve  or  cause  to  be  served  a no- 
tice in  writing  upon  such  owner  or  les- 
see or  his  agent,  by  delivering  to  him  ^ 
copy  thereof,  or  by  leaving  a copy  there- 
of at  the  usual  place  of  abode  of  such 
owner,  lessee  or  agent,  with  some  mem- 
ber of  the  family  over  the  age  of  fifteen 
years,  stating  in  such  notice  the  amount 
of  lead  ore  or  other  mineral  he  or  they 
have  ready  for  deliver}^,  and  requiring 
such  owner,  lessee  or  agent  to  receive 
and  pay  for  the  same,  the  said  owner  or 
lessee  shall,  within  five  days  after  the 
service  of  such  notice,  receive  and  pay 
for  such  lead  ore  or  other  mineral  which 
the  said  person  or  persons  digging  or 
mining  the  same  may  deliver  to  him, 
not  exceeding  the  amount  named  in  the 
notice;  and  in  such  case,  if  such  owner 
or  lessee  fail  or  refuse  within  the  time 
aforesaid  to  pay  for  such  lead  ore  or 
mineral  delivered  or  offered  to  be  de- 
livered to  him  as  aforesaid  at  the  said 
price,  then  in  that  event  the  said  per- 
son or  persons  who  dug  and  mined  the 
same  shall  thereupon  acquire  an  abso- 
lute title  to  such  lead  ore  or  mineral, 
and  may  thereupon  dispose  of  the  same 
to  any  person  or  in  any  manner  he  or 
they  may  choose.  (R.  S.  1899,  § 8769.) 

Sec.  8412.  Sale  of  ore. — All  lead  ore 


9 


or  other  mineral,  dug  or  mined  in  or 
upon  the  lands  of  any  person  in  this 
state,  shall  be  deemed  and  held  to  be 
the  absolute  property  of  the  owner  or 
lessee  of  such  lands,  except  in  cases  it 
is  modified,  changed  or  transferred  by 
express  contract,  and  any  person  who 
shall  unlawfully  sell  or  convert  to  his 
lowii  use,  or  remove  or  dispose  of,  or  in 
any  manner  make  away  with  or  con- 
ceal any  sucli  ore  or  mineral,  so  as  to 
deprive  the  owner  thereof  of  the  same, 
shall  be  deemed  guilty  of  grand  or  petit 
larceny,  according  to  the  value  of  such 
ore  or  mineral.  (R.  S.  1899,  § 8770.) 

Sec.  8413.  Injunction  or  restraining 
orders — notice  of  application  to  dissolve. 
No  injunction  or  restraining  order  shall 
be  granted  by  any  court  or  by  any  judge 
thereof  to  enjoin  or  restrain  the  work- 
ing of  any  mine  or  mines,  or  in  any 
manner  to  interfere  with  the  same,  ex- 
cept upon  notice  first  being  given  to  the 
person  working  or  operating  said  mine 
or  mines,  and  sought  to  be  enjoined  or 
restrained,  which  notice  shall  be  served 
by  delivering  to  such  person  a copy 
thereof,  or  by  leaving  a copy  thereof  at 
his  usual  place  of  abode  with  a member 
of  the  family  over  the  age  of  fifteen 
years,  at  least  five  days  before  the  day 
set  for  the  hearing  of  the  application 
for  the  injunction;  and  the  court  or 
judge  granting  such  injunction  or  re- 
straining order  shall  have  the  power, 
upon  good  cause  being  shown,  to  dis- 
2. 


10 


solve,  vacate  or  modify  an}"  such  injunc- 
tion or  restraining  order  at  any  time  af- 
ter the  same  shall  have  been  granted, 
whether  in  term  time  or  vacation: 
Provided,  that  the  party  applying  to  such 
court  or  judge  to  dissolve,  vacate  or 
modify  any  such  injunction  or  restrain- 
ing order  shall  give  due  notice  to  the^ 
opposite  party  of  such  intended  applica- ' 
tion.  (R.  S.  1899,  § 8771.) 

Sec.  8414.  Affidavit  of  course  of  drift 
and  order  to  be  made. — When  any 
owner,  tenant  or  sub-tenant  of  a lot  or 
lots  or  tract  of  land,  shall  file  with  any 
justice  of  the  peace  within  the  county 
in  which  said  lot  or  lots  or  tract  of 
land  may  be  situated  his  or  her  affidavit, 
or  the  affidavit  of  any  other  creditable 
person  for  them,  stating  that  from 
knowledge,  information  or  belief,  the 
party  or  parties  owning,  controlling  or 
working  the  adjoining  lot  or  lots  or 
tract  of  land,  and  upon  which  said  party 
or  parties  are  sinking  shafts,  mining, 
excavating  and  running  drifts,  and  that 
said  drifts  in  which  said  parties  are  dig- 
ging, mining  and  excavating  mineral 
ore  or  veins  of  coal  extend  beyond  the 
lines  and  boundaries  of  said  lot  or  lots 
or  tract  of  land,  owned,  controlled  or 
worked  by  them,  and  have  entered  in 
and  upon  the  premises  of  the  party  or 
parties  making  said  affidavit,  or  for 
whom  said  affidavit  is  made,  the  justice 
of  the  peace,  after  first  being  tendered 
his  lawful  fees,  shall  issue  his  written 


II 


order  and  deliver  or  cause  the  same  to 
be  delivered  to  the  county  surveyor  or 
his  deputy,  commanding  him,  after  his 
reasonable  fees  have  been  tendered,  to 
proceed  without  delay  to  survey  said 
drift  by  entering  any  and  all  shafts  up- 
on said  lot  or  lots  or  tract  of  land  that 
he  (the  surveyor)  may  see  fit,  for  the 
^ purpose  of  ascertaining  the  course  and 
Qistance  of  said  drift  or  drifts,  and  to 
locate  the  same  upon  the  surface. , (R. 
S.  1899,  § 8772.) 

Sec.  8415.  Order  to  be  read. — The 
surveyor  shall,  before  entering  upon 
said  duty,  read  said  order  to  the  party 
or  parties  owning,  controlling  or  work- 
ing any  shaft  or  shafts  on  said  lot  or 
lots  or  tract  of  land.  (R.  S.  1899,  § 

8773.) 

Sec.  8416.  Refusal  to  obey  order  a 
misdemeanor. — If  said  party  or  parties 
owning,  controlling  or  working  said 
shaft  or  shafts  on  said  lot  or  lots  or 
tract  of  land  shall  refuse,  hinder  or  pre- 
vent said  county  surveyor  or  his  deputy 
and  his  assistant  from  entering  said  shaft 
or  shafts  or  drifts,  to  make  the  survey 
so  ordered  by  the  justice  of  the  peace, 
and  every  person  so  offending  shall,  on 
conviction,  be  adjudged  guilty  of  a mis- 
demeanor, and  punished  by  imprison- 
ment in  the  county  jail  for  a term  of  not 
exceeding  one  year,  or  by  a fine  not  ex- 
ceeding three  hundred  dollars,  or  by 
both  said  fine  and  imprisonment.  (R. 

S.  1899,  § 8774-) 


12 


Sec.  8417.  Owner  or  lessee  shall  drain 
mine,  etc. — When  any  person  owning 
any  real  estate  in  this  state,  or  any  per- 
son or  persons  having  a leasehold  there- 
in for  the  purpose  of  mining  for  lead 
or  zinc  ore  thereon  by  lease  from  such 
owner,  shall  open  such  real  estate  for 
mining  purposes,  and  shall  permit  any 
person  or  persons  other  than  their' 
agents,  servants  or  employes  to  enter 
and  dig  or  mine  for  lead  or  zinc  ores 
thereon,  and  shall  make  any  rule  or 
contract  whereby  any  pump-rent  or  roy- 
alty is  reserved  unto  said  land  owner 
or  lessee  for  the  drainage  of  the  land 
so  mined,  and  shall  fail  or  refuse  to 
drain  any  such  land  or  mining  lot  to  the 
full  depth  to  which  the  laborers  are 
working  or  seeking  to  work,  but  pre- 
vented by  water,  then  and  in  such  event, 
such  owner  or  lessee  thereof  shall  not 
be  entitled  to  collect  or  retain  any 
pump-rent  or  royalty  so  reserved  as 
aforesaid  for  any  ores  taken  from  said 
mine  or  lot,  below  the  depth  of  the 
water  level  in  said  mine  or  lot,  so  long 
as  said  owner  or  lessee  shall  fail  or  re- 
fuse to  drain  said  mine,  nor  shall  such 
land  owner  or  lessee  be  entitled  to  for- 
feit any  right  to  hold  and  mine  said  lot 
so  long  as  work  is  prevented  therein  by 
reason  of  water  accumulated  therein, 
on  account  of  any  failure  to  drain  said 
mine  by  such  land  owner  or  lessee,  any 
rule,  contract  or  agreement  to  the  con- 


13 


trary  notwithstanding.  (R.  S.  1899,  § 

8775.) 

Sec.  8418.  Scrapping  for  ore  prohib- 
ited, etc. — penalty. — It  shall  be  unlaw- 
ful for  any  person  to  take  or  in  any 
manner  receive  or  obtain  any  lead  or 
zinc  ore  by  mestns  of  gleaning  or  culling, 
commonly  called  “scrapping/^  without 
'first  having  obtained  the  written  con- 
sent of  the  person  having  possession 
and  control  of  the  mine  from  which  said 
ores  are  to  be  taken;  and  it  shall  be 
unlawful  for  any  person  or  company  of 
persons  to  purchase,  or  in  any  manner 
to  receive  any  lead  or  zinc  ore  which 
may  have  been  stolen  or  taken  by  means 
of  culling  or  gleaning,  commonly  called 
‘"scrapping,”  without  such  written  con- 
sent as  aforesaid,  knowing  that  said  ores 
have  been  so  stolen  or  taken  without 
written  consent,  as  herein  provided.  Any 
person  violating  the  provisions  of  this 
section,  on  conviction,  shall  be  punished 
by  fine  of  not  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the 
county  jail  not  more  than  one  year,  or 
by  both  such  fine  and  imprisonment,  and 
the  inadequacy  of  the  price  paid  for 
such  ore,  the  quantity  purchased  or  re- 
ceived, and  the  fact  that  the  person 
from  whom  such  ores  may  have  been 
purchased  or  received  is  not  regularly 
engaged  in  running  or  operating  mines 
for  such  ores,  may  be  shown,  and  shall 
be  received  as  prima  facie  evidence  of 
guilty  knowledge  of  the  person  so  pur- 


14 


chasing  or  receiving  such  ores:  Pro- 
vided, however,  that  nothing  herein  con- 
tained shall  be  so  construed  as  to  pre- 
vent any  person  from  gleaning,  culling 
or  scrapping  for  ores  about  his  own 
mine,  nor  to  prevent  any  person  from 
purchasing  such  ores  when  the  same 
have  been  obtained  in  such  manner  by 
the  owner  or  operator  of  any  such  mine.  * 
(R.  S.  1899,  § 8776.) 

Sec.  8419.  Indemnity  bond  required 
to  mine  in  certain  cities,  etc. — violation 
a misdemeanor — penalty. — No  person, 
company  or  corporation  shall  hereafter 
sink  a shaft,  mine,  tunnel,  excavate  or 
drift  for  coal,  or  take  out  any  coal  of 
any  kind  within  the  corporate  limits  or 
designated  boundaries  of  any  city,  town 
or  village  in  this  state  containing  one 
thousand  inhabitants  or  more,  without 
having  first  applied  and  filed,  and  have 
approved,  an  indemnity  bond  as  here- 
inafter provided  for;  and  any  person 
or  persons  violating  the  provisions  of 
this  section,  and  any  member  or  stock- 
holder or  officer  of  any  company  or  cor- 
poration who  shall  violate  the  provisions 
of  this  section,  shall  be  deemed  guilty 
of  a misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  fine  of  not 
less  than  five  hundred  dollars,  or  im- 
prisonment in  the  county  jail  for  not 
less  than  six  months,  or  by  both  such 
fine  and  imprisonment.  (R.  S.  1899,  § 

8777.) 

Sec.  8420.  Notice  of  intention  to  mine 
— publication  required. — Every  person. 


15 

company  or  corporation  desiring  to  carry 
on  any  of  the  mining  operations  pro- 
vided for  in  the  preceding  section  shall 
give  at  least  thirty  days’  notice  of  such 
intention  by  notice  printed  and  pub- 
lished in  some  newspaper  printed  in 
such  town,  city  or  village  wherein  such 
mining  operations  are  proposed  to  be 
ycarried  on,  or  if  no  newspaper  be  printed 
in  such  city,  town  or  village,  then  in 
some  newspaper  printed  in  said  county, 
or  if  no  newspaper  be  printed  in  such 
county,  then  by  written  or  printed  hand- 
bills posted  up  in  six  public  places  in 
the  city,  town  or  village  wherein  such 
mining  operations  are  proposed  to  be 
carried  on.  Such  notice  shall  contain 
an  accurate  description  of  the  locality 
where  such  mining  operations  are  to 
be  carried  on,  giving  the  number  of  lot 
and  block,  and  shall  also  state  the  nature 
of  such  mining  operations,  and  name 
some  day  of  the  term  of  the  next  circuit 
court  in  said  county,  thereafter  to  be 
holden,  when  such  person,  company  or 
corporation  will  offer  for  filing  and  ap- 
proval the  indemnity  bond  hereinafter 
provided  for.  (R.  S.  1899,  § 8778.) 

Sec.  8421.  Permit  from  mayor  and 
council — petition  to  circuit  court. — On 
the  day  mentioned  in  such  notice,  the 
persons,  company  or  corporation  pro- 
posing to  carry  on  such  mining  opera- 
tions must  have  a permit,  in  writing, 
signed  by  the  mayor  and  a majority  of 
the  city  council  of  the  town,  city  or  vil- 


i6 


lage  in  which  such  mining  is  proposed, 
before  a permit  shall  be  granted  by  a 
circuit  court,  and  shall  present  their  pe- 
tition to  said  circuit  court,  setting  out 
the  locality  of  the  proposed  mines  and 
the  nature  and  extent  of  the  proposed 
mining  operations,  and  shall  also  file 
with  such  petition  the  title  papers  of 
such  person  or  company  or  corporation^ 
to  the  lands  on  which  such  mining  opera- 
tions are  proposed  to  be  carried  on, 
showing  either  the  fee  simple  title  of 
such  land  in  such  company,  or  the  right 
to  mine  beneath  or  in  such  land,  and 
shall  also  contain  the  names  of  all  per- 
sons to  be  offered  as  security  upon  the 
mining  bond  of  such  persons,  company 
or  corporation,  and  shall  pray  the  court 
to  fix  and  approve  the  mining  bond  of 
such  persons  or  corporation.  (R.  S. 
1899,  § 8779,  amended.  Laws  1909,  p. 

695.) 

Sec.  8422.  Testimony  on  application — 
bond,  etc. — time  granted. — The  court 
may,  upon  such  application,  hear  testi- 
mony upon  all  the  matters  involved  in 
such  application,  including  testimony 
upon  the  solvency  and  responsibility  of 
the  sureties  offered,  and  may  hear  testi- 
mony from  any  parties  interested  in  the 
lots  and  lands  in  the  neighborhood  of 
such  proposed  mining  operations,  and  if 
the  court  is  satisfied  that  the  proposers 
own  the  land  or  mining  privileges  under 
the  land  described  in  their  petition,  the 
court  shall  fix  the  amount  of  the  bond 
to  be  given  by  such  proposers,  such 


17 


bond  to  be  in  no  case  for  less  than  one 
thousand  dollars;  and  upon  the  giving 
and  approval  of  such  bond  so  fixed  by 
the  court,  the  court  shall  enter  its  order 
* authorizing  the  mining  operations  speci- 
fied in  said  petition,  and  upon  the  locali- 
ties therein  named,  and  not  elsewhere, 
for  the  space  of  two  years,  unless  in 
^ the  meanwhile  revoked.  (R.  S.  1899,  § 
8780.) 

Sec.  8423.  Bond  required. — Such  bond 
shall  be  signed  by  the  proposers,  and  by 
not  less  than  two  sureties,  to  be  ap- 
proved by  said  court,  residents  of  the 
county  wherein  such  mining  is  to  be 
carried  on,  and  shall  be  made  payable 
to  the  state  of  Missouri,  and  condi- 
tioned that  the  principal  in  said  bond 
shall  carry  on  the  mining  operations  pro- 
posed in  the  petition  in  a careful  manner, 
and  the  said  parties  shall  not  mine,  dig, 
excavate  nor  take  coal  nor  earth  from 
or  under  any  land  or  lots  than  that  de- 
scribed in  the  said  bond,  and  shall  pay 
all  damages  that  may  be  sustained  by 
any  and  all  persons  by  reason  of  the 
violation  of  any  of  the  conditions  of  said 
bond,  and  any  and  all  charges,  fines  and 
penalties  that  may  be  levied,  assessed 
against  or  imposed  upon  the  said  pro- 
posers, their  agents,  servants,  stock- 
holders, officers  or  employes,  by  reason 
of  any  violation  of  the  conditions  of  said 
bond  or  any  of  the  provisions  of  sec- 
tions 8419  to  8427,  inclusive.  (R.  S, 
1899,  § 8781.) 


3 


i8 


Sec,  8424.  Written  permission  of  prop- 
erty owner — violation,  misdemeanor — 
penalty,  fines,  etc. — Any  person  or  per- 
sons who  shall  in  person  or  by  their 
servant,  agent  or  employe,  dig,  exca- 
vate, mine,  tunnel  or  drift  upon  or  Un- 
der the  lands  or  lots  of  another,  within 
the  incorporate  limits  or  designated 
boundaries  of  any  city,  town  or  village 
in  this  state,  and  ever}^  officer  and  stock- 
holder that  shall  either  authorize  or  per- 
mit its  servants,  agents  or  employes  to 
dig,  excavate,  mine,  tunnel  or  drift  upon 
or  under  the  lands  or  lots  of  another 
within  such  limits  or  boundaries  of  such 
city,  town  or  village,  without  the  writ- 
ten permission  of  the  owner  or  owners 
of  such  land  or  lots,  shall  be  deemed 
guilty  of  a misdemeanor,  and  shall  be 
punished,  on  conviction,  for  every  such 
offense,  ‘by  fine  of  not  less  than  five 
hundred  dollars,  with  costs,  which  fine 
and  costs,  if  not  paid  within  five  days 
after  conviction,  may  be  sued  for  and 
recovered  against  the  parties  and  sure- 
ties on  the  mining  bond  of  such  per- 
sons, company  or  corporation  liable  for 
such  acts,  in  a suit  upon  such  bond,  in 
the  name  of  the  state  of  Missouri,  to  the 
use  of  the  county  in  which  such  offense 
is  committed;  such  fine,  when  collected, 
shall  be  paid,  one-half  to  the  owner  of 
the  property  injured  by  such  offense  and 
the  other  half  into  the  school  fund  of 
such  county;  but  no  such  conviction 
shall  be  a bar  to  the  owner  of  such  prop- 


19 


erty  prosecuting  a suit  on  said  bond  to 
his  own  use  for  the  damages  sustained 
by  any  such  offense.  Every  such  con- 
* viction,  whether  appealed  from  or  not, 
shall  work  a forfeiture  of  the  authority 
to  mine  granted  such  person,  company 
or  corporation  liable,  and  they  shall  not 
'•proceed  further  with  the  operations,  ex- 
cept by  making  application  and  giving  a 
new  bond  as  in  the  first  instance.  (R. 
S.  1899,  § 8782.) 

Sec.  8425.  Costs  attending  notice. — 
The  costs  attending  the  giving  notice, 
making  application  and  receiving  mining 
privileges  shall  all  be  paid  by  the  per- 
son, company  or  corporation  making 
the  same,  and  no  such  privilege  shall 
take  effect  until  all  such  costs  be  paid. 

(R.  S.  1899,  § 8783.) 

Sec.  8426.  Diagram  of  mines,  etc.,  to 
be  filed  in  court. — At  each  term  of  the 
circuit  court,  during  the  continuance  of 
any  lining  license,  every  person,  com- 
pany or  corporation  carrying  on  such 
mining  operations  shall,  at  their  own 
expense,  cause  to  be  made  by  the  county 
surveyor  of  the  county  where  such  mines 
are  located,  and  filed  with  the  court, 
under  oath  of  such  surveyor,  a complete 
and  true  diagram  of  such  mines,  show- 
ing with  reference  to  the  boundaries  of 
such  mines,  and  the  lots  and  lands  of 
neighboring  owners,  the  extent  of  such 
mines,  their  drifts,  tunnels  and  excava- 
tions, giving  the  length  and  breadth  of 
each  drift,  bank  and  tunnel,  so  as  to 


20 


fulh^  inform  the  court  and  parties  in 
interest  of  the  extent  and  character  of 
such  mining  operations.  Such  plats  and 
diagrams  shall  remain  on  file  with  the 
clerk  of  such  court,  and  shall  not  be 
removed  by  any  one  from  the  files  pf 
such  court.  Any  failure  to  file  the  dia- 
gram and  plat  herein  provided  for,  or^ 
to  make  such  diagram  show  all  the  par- 
ticulars herein  provided  for,  shall  work 
a forfeiture  of  the  mining  privileges  of 
such  person,  company  or  corporation, 
which  forfeiture  the  court  shall,  on  the 
motion  of  any  party  in  interest,  declare 
on  three  days’  notice  to  the  party  hold- 
ing such  license  or  privilege.  (R.  S. 
1899,  § 8784.) 

Sec.  8427.  Application  of  certain  sec- 
tions to  mining  companies. — In  no  case 
shall  the  eight  preceding  sections  of  this 
article  be  so  construed  as  to  apply  to 
persons,  companies  or  corporations  en- 
gaged in  mining  for  lead,  zinc  or  other 
ores  or  minerals,  except  coal.  (R.  S. 
1899,  § 8785.) 

Sec.  8428.  Mining  under  public  high- 
ways and  railroads  prohibited. — No  per- 
son or  persons,  firm  or  association  of 
persons,  company  or  corporation  shall, 
within  this  state,  mine  or  excavate  be- 
neath the  surface  of  any  public  highway 
or  railroad  right  of  way,  in  such  manner 
as  to  cause  the  surface  of  the  ground 
over  which  such  public  highway  or  rail- 
road track  is  constructed  to  cave  in. 
(Laws  1909,  p.  436.) 


21 


Sec.  8429.  Penalty  for  violation. — Any 

person,  firm,  company,  association  or 
corporation,  violating  the  provisions  of 
the  preceding  section,  and  any  officer, 
agent  or  receiver  of  any  firm,  company, 
association  or  corporation,  or  any  mem- 
ber of  the  same,  or  any  individual,  found 
guilty  of  a violation  thereof,  shall  be 
fined  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars,  or 
be  imprisoned  in  the  county  jail  not  to 
exceed  one  year,  or  suffer  both  penalties. 
(Laws  1909,  p.  436.) 

Sec.  8430.  Screening  coal  before  weigh- 
ing, prohibited. — It  shall  be  unlawful  for 
any  mine  owner,  lessee  'or  operator  of 
coal  mines  in  this  state,  employing 
miners  at  bushel  or  ton  rates,  or  other 
quantity,  to  pass  the  output  of  coal 
mined  by  said  miners  over  any  screen 
or  any  other  device  which  shall  take 
any  part  from  the  value  thereof  before 
the  same  shall  have  been  weighed  and 
duly  credited  to  the  employe  sending 
the  same  to  the  surface,  and  accounted 
for  at  the  legal  rate  of  weights  as  fixed 
by  the  laws  of  Missouri;  and  no  employe 
within  the  meaning  of  this  section  shall 
be  deemed  to  have  waived  any  right 
accruing  to  him  under  this  section  by 
any  contract  he  may  make  contrary  to 
the  provisions  thereof.  And  any  pro- 
vision, contract  or  agreement  between 
mine  owners  or  operators  thereof,  and 
the  miners  employed  therein,  whereby 
the  provisions  of  this  section  are  waived, 


22 


modified  or  annulled,  shall  be  void  and 
of  no  effect,  and  the  coal  sent  to  the  sur- 
face shall  be  accepted  or  rejected;  and 
if  accepted,  shall  be  weighed  in  accord- 
ance with  the  provisions  of  this  section, 
and  right  of  action  shall  not  be  invali- 
dated by  reason  of  any  contract  or 
agreement;  and  any  owner,  agent  or 
operator  of  any  coal  mine  in  this  state- 
who  shall  knowingly  violate  any  of  the 
provisions  of  this  section  shall  be 
deemed  guilty  of  a misdemeanor,  and, 
upon  conviction,  shall  be  punished  by 
a fine  of  not  less  than  two  hundjed  dok 
lars  nor  more  than  five  hundred  dollars 
for  each  offense,  or  by  imprisonment  in 
the  county  jail  for  a period  of  not  less 
than  sixty  days  nor  more  than  six 
months,  or  by  both  such  fine  and  im- 
prisonment; proceedings  to  be  instituted 
in  any  court  having  competent  jurisdic- 
tion. (R.  S.  1899,  § 8786.) 

Sec.  8431.  Weighman  shall  take  oath, 
etc.,  penalty. — The  weighman  employed 
at  any  mine  shall  subscribe  an  oath  or 
affirmation  before  a justice  of  the  peace, 
or  other  officer  authorized  to  administer 
oaths,  to  do  justice  between  employer 
and  employe,  and  to  truly  and  correctly 
weigh  the  output  of  coal  from  the  mines 
as  herein  provided.  The  miners  em- 
ployed by  or  engaged  in  working  for 
any  mine-owner,  operator  or  lessee  of 
any  mine  in  this  state  shall  have  the 
privilege,  if  they  desire,  of  employing 
at  their  owm  expense  a check  weighman. 


23 


who  shall  have  like  equal  rights,  powers 
and  privileges  in  the  weighing  of  coal 
as  the  regular  weighman,  and  be  sub- 
ject to  the  same  oath  and  penalties  as 
» the  regular  weighman.  Said  oath  or 
affirmation  shall  be  kept  conspicuously 
posted  in  the  weigh-office,  and  any 
weigher  of  coal  or  person  so  employed, 
^ wffio  shall  knowingly  violate  any  of  the 
provisions  of  this  article,  or  any  owner, 
operator  or  agent  of  any  coal  mine  in 
this  state  who  shall  forbid  or  hinder 
miners  employing  or  using  a check- 
weighman  as  herein  provided,  or  who 
shall  prevent  or  willfully  obstruct  any 
such  check-weighman  in  the  discharge 
of  his  duty,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall 
be  punished  by  a fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five 
hundred  dollars  for  each  offense,  or  by 
imprisonment  in  the  county  jail  for  a 
period  not  less  than  thirty  days  nor 
more  than  ninety  days,  or  by  both  such 
fine  and  imprisonment,  proceedings  to 
be  instituted  in  any  court  having  com- 
petent jurisdiction.  Whenever  the  coal 
mine  inspector  shall  be  satisfied  that 
the  provisions  of  this  section  have  been 
willfully  violated,  it  shall  be  his  duty  to 
forthwith  inform  the  prosecuting  attor- 
ney of  any  such  violation,  together  with 
all  the  facts  in  his  knowledge,  and  the 
prosecuting  attorney  shall  thereupon  in- 
vestigate the  charge  so  preferred,  and  if 
he  be  satisfied  that  the  provisions  of  this 


24 


section  have  been  so  violated,  it  shall  be 
his  duty  to  prosecute  the  person  or  per- 
sons guilty  thereof.  (R.  S.  1899,  § 8787.) 

Sec.  8432.  Penalty  for  using  false 
scales. — Every  owner,  agent  or  op- 
erator of  any  coal  mine  in  the  state, 
employing  miners  at  bushel  or  ton  rates, 
shall  provide  at  such  mine  or  mines  ac- 
curate and  suitable  scales  of  standard 
manufacture  upon  which  shall  be  weighed 
all  coal  coming  out  of  such  mine  or 
mines;  said  scale  or  scales  to  be  located 
at  a reasonable  distance  from  the  point 
where  the  coal  is  delivered  to  the  sur- 
face opening  of  the  mine  or  mines,  and 
in  no  case  shall  said  scale  or  scales  be 
located  at  a greater  distance  from  said 
surface  opening  of  the  mine  or  mines 
than  one  hundred  feet.  Any  owner, 
agent,  operator,  person,  or  persons  hav- 
ing or  using  any  scales  or  scale  for  the 
purpose  of  weighing  the  product  of  the 
miners’  labor,  and  so  arranges  or  con- 
structs said  scale  or  scales,  or  by  any 
contrivance  therewith  connected  causes 
the  fraudulent  weighing  of  such  coal  or 
said  product,  or  who  shall  knowingly 
resort  to,  permit  or  employ  any  person 
or  means  whatsoever,  by  reason  of  which 
said  product  of  the  mine  is  not  correctly 
weighed  and  reported  in  accordance  with 
the  true  weight  and  the  provisions  of 
this  article,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction 
for  each  and  every  offense,  be  punished 
by  a fine  of  not  less  than  two  hundred 


25 


dollars,  nor  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county 
jail  for  a period  not  to  exceed  ninety 
days,  or  by  both  such  fine  and  imprison- 
ment; proceedings  to  be  instituted  in 
any  court  of  competent  jurisdiction.  (R. 

S.  1899,  § 8788.) 

Sec.  8433.  Shall  apply  to  loaders  in 
•v  certain  mines. — The  manner  of  weighing, 
as  hereinbefore  provided  for,  shall  apply 
to  the  class  of  workers  in  mines  known 
as  loaders,  engaged, in  mines  wherein  the 
mining  is  done  by  machinery,  whenever 
the  workmen  are  under  contract  to  load 
coal  by  the  bushel,  ton,  or  any  quantity 
the  settlement  of  which  is  had  by  weight. 

(R.  S.  1899,  § 8789.) 

Sec.  8434.  Inspector  to  test  scales. — 

The  coal  mine  inspector  of  this 
state  shall  be  ex  officio  inspector  of 
weights,  measures  and  scales  used  at 
coal  mines,  and  he  is  hereby  empowered 
and  it  shall  be  his  duty  to  test  the  scales 
used  to  weigh  coal  mined  in  the  mines 
of  this  state  at  least  every  six  months, 
to  ascertain  whether  or  not  such  scales 
correctly  measure  the  weight  of  such 
coal,  and  if  defects  or  irregularities  are 
found,  such  scales  which  prevent  cor- 
rect weights  and  measurements  the  in- 
spector shall  call  the  attention  of  the 
mine  owner,  agent  or  operator  to  said 
defects  and  direct  that  the  same  be  at 
once  properly  adjusted  and  corrected. 
If  the  owner,  agent  or  operator  of  any 
coal  mine  in  this  state,  shall  refuse  to 
4 


26 


allow  such  inspector  to  properly  test 
the  scales  used  at  such  mine  or  mines, 
or  shall  fail  or  refuse  to  put  such  scales 
in  proper  adjustment  and  condition,  so 
that  the  same  shall  correctly  weigh  the 
coal  mined  after  being  notified  b}^  said 
inspector  so  to  do,  such  owner,  agent 
or  operator  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  exceeding  five 
hundred  dollars,  or  be  confined  in  the 
county  jail  not  exceeding  six  months, 
or  both,  in  the  discretion  of  the  court, 
and  it  shall  be  the  duty  of  the  prose- 
cuting attorneys  in  the  respective  coun- 
ties to  prosecute  any  person,  firm  or 
corporation  violating  the  provisions  of 
this  section  the  same  as  in  other  mis- 
demeanor cases.  (R.  S.  1899,  § 8790.) 

Sec.  8435.  Wages  to  be  paid  semi- 
monthly— penalty. — All  persons  or  cor- 
porations engaged  in  or  operating  any 
mines,  stone  or  granite  quarries  in  this 
state  shall  pay  their  employes  once  in 
every  fifteen  days  in  lawful  money  of  the 
United  States,  and  at  no  pay  day  shall 
there  be  withheld  any  of  the  earnings 
due  any  such  employe:  Provided,  per- 
sons or  corporations  operating  coal 
mines  may  withhold  not  to  exceed  five 
days  of  the  earnings  of  employes.  Any 
such  operator  or  employer  failing  or  re- 
fusing to  pay  his  employes,  their  agents 
or  assigns  or  anyone  duly  authorized  to 
collect  such  wages  as  in  this  section 
provided,  shall  become  immediately  lia- 


27 


ble  to  such  employe,  his  agent,  assigns 
or  anyone  authorized  to  collect  such 
wages  for  an  amount  double  the  sum 
due  such  employes  at  the  time  of  such 
failure  or  refusal  to  pay  the  amount  due, 
to  be  recovered  by  civil  action  in  any 
court  of  competent  jurisdiction  within 
^ this  state.  (R.  S.  1899,  § 8791,  amended. 
Laws  1903,  p.  246.) 

Sec.  8436.  Miners’  and  employes’  lien. 
All  miners  and  other  employes  en- 
gaged in  the  work  of  developing  and 
opening  up  coal  mines,  the  sinking  of 
shafts,  the  construction  of  slopes  or 
drifts,  the  driving  of  entries,  mining 
coal,  and  for  all  other  labor  performed 
in  and  about  coal  mines,  shall  have,  as 
security  for  such  work  performed  a lien 
upon  all  the  property  of  the  person, 
owner,  agent,  firm,  or  corporation  own- 
ing, constructing  or  operating  such  mine 
or  mines,  used  in  construction  or  opera- 
tion thereof,  including  real  estate,  build- 
ing, machinery,  pit  cars,  tracks,  mules, 
scales,  and  all  other  personal  property, 
to  satisfy  in  full  the  amount  due  for 
such  labor  performed;  the  same  to  be 
enforced  and  secured  upon  the  sarnie 
general  terms  and  after  the  manner  of 
procedure  in  granting  mechanics’  liens. 

(R.  S.  1899,  § 8792.) 

Sec.  8437.  Miners  not  to  be  worked 
more  than  eight  hours  in  a day. — It  shall 
be  unlawful  for  any  person  or  corpora- 
tion engaged  in, mining  for  minerals, 
coal  or  any  valuable  substance,  or  mak- 


28 


ing  excavations  beneath  the  surface  of 
the  earth  while  searching  for  minerals, 
coal  or  any  valuable  substance,  to  work 
their  hands  or  employes  at  such  labor 
or  industry  longer  than  eight  hours  in 
a day  of  twenty-four  hours,  and  it  is 
hereby  declared  that  eight  hours  shall 
constitute  a day  for  all  laborers  or  em- 
ployes engaged  in  the  kind  of  labor  or 
industry  aforesaid.  (R.  S.  1899,  § 8793, 
amended.  Laws  1901,  p.  21 1.) 

Sec.  8438.  Penalty. — Any  person  or 
persons  or  corporation  who  shall  vio- 
late any  of  the  provisions  of  the  pre- 
ceding section  shall  on  conviction,  be 
fined  in  a sum  not  less  than  twenty-five 
nor  more  than  five  hundred  dollars.  • (R. 
S.  1899,  § 8794,  amended.  Laws  1901, 
p.  211.) 

Sec.  8439.  Miners  to  be  brought  to 
surface  for  meals. — On  and  after  the 
passage  and  taking  effect  of  this  sec- 
tion, all  owners,  lessees  and  operators 
of  any  mine  in  this  state,  the  work  of 
which  is  located  below  the  surface  of 
the  ground,  entrance  to  which  is  had  by 
any  shaft,  cut  or  tunnel,  shall  allow  the 
laborers  and  miners  in  their  several 
mines  to  come  to  the  surface  of  the 
ground  for  the  purpose  of  eating  their 
noonday  meal  or  any  other  meal  for 
which,  under  the  rules  of  any  mine  a 
time  is  set  apart;  and  that  at  least  one 
hour  shall  be  allowed  any  miner  or 
laborer  for  that  purpose,  and  for  rest 
after  he  reaches  the  surface  of  the 


29 


ground,  and  before  re-entering  into  any 
mine  where  he  or  she  may  be  engaged 
as  laborer  or  miner.  Also,  that  the 
owner,  lessee  or  operator  of  any  mine 
in  this  state  is  hereby  required  to  run 
his  cage  or  hoisting  apparatus  to  the 
surface  of  the  ground  for  the  purpose 
^ of  carrying  any  such  miner  or  laborer, 
who  may  be  going  to  or  returning  from 
any  such  aforementioned  meal  and  rest, 
free  of  cost  to  any  such  miner  or  laborer. 
(R.  S.  1899,  § 8795.) 

Sec.  8440.  Violation  of  preceding  sec- 
tion— penalty. — Any  owner,  lessee  or 
operator  of  any  mine  in  this  state  who 
shall  fail  or  refuse  to  carry  out  any  of 
the  provisions  of  section  8439  of  this 
article  shall  be  deemed  guilty  of  a mis- 
demeanor, and,  upon  conviction  thereof, 
shall  be  fined  in  a sum  not  less  than  one 
dollar  nor  more  than  twenty-five  dol- 
lars; and  each  failure  or  refusal  shall 
constitute  a separate  offense.  (R.  S. 
1899,  § 8796.) 


ARTICLE  II. 

Inspection  of  Mines  and  Safety  of 
Miners. 

Sec.  8441.  Maps  of  mines  to  be  pre- 
pared, etc. — The  owner,  agent  or  opera- 
tor of  each  and  every  mine  in  this  state, 
employing  ten  or  more  men,  shall  make 
or  cause  to  be  made,  at  the  discretion  of 


30 


the  inspector  or  other  person  acting  in 
that  capacit}",  an  accurate  map  or  plan 
of  the  workings  of  such  mine  and  each 
and  every  vein  thereof,  showing  the 
general  inclination  of  the  strata,  together 
with  any  material  deflections  in  the  said 
workings  and  the  boundary  lines  of  said 
mine,  and  deposit  a true  copy  of  said 
map  or  plan  with  the  clerk  of  the  county 
court  of  each  county  wherein  may  be 
located  the  said  mine;  which  said  map 
or  plan  shall  be  so  filed  or  deposited 
within  three  months  after  the  time  when 
this  article  shall  take  effect,  and  a copy 
of  such  map  or  plan  shall  also  be  kept 
for  inspection  at  the  office  of  the  said 
mine;  and  during  the  month  of  January 
of  each  and  every  year  after  this  article 
shall  have  taken  effect,  the  said  owner, 
agent  or  operator  shall  furnish  the  in- 
spector and  the  clerk  of  the  county  court 
as  aforesaid  with  a statement,  and  a 
further  map  or  plan  of  the  progress  of 
the  workings  of  such  mine,  continued 
from  the  last  report  to  the  end  of  the 
month  of  December  next  preceding,  and 
the  inspector  shall  correct  his  map  or 
plan  of  said  workings  in  accordance  with 
the  statement  and  map  or  plan  thus  fur- 
nished; and  when  any  mine  is  worked 
out  or  abandoned,  that  fa^t  shall  be  re- 
ported to  the  inspector,  and  the  map 
or  plan  of  such  mine  in  the  office  of  the 
clerk  of  the  county  court  shall  be  care- 
full}’’  corrected  and  verified.  (R.  S.  1899, 

§ 8797.) 


31 


Sec.  8442.  Inspector  to  make  map  if 
owner  fails — cost. — Whenever  the  owner, 
agent  or  operator  of  any  mine  shall  neg- 
lect, fail  or  refuse  to  furnish  the  said 
inspector  and  clerk  as  aforesaid  with  a 
statement,  the  map  or  plan  or  addition 
thereto,  as  provided  in  section  8441  of 
this  article,  at  the  times  and  in  the  man- 
> ner  therein  provided,  the  said  inspector 
is  hereby  authorized  to  cause  an  accu- 
rate map  or  plan  of  the  workings  of 
such  mine  to  be  made  at  the  expense 
of  the  said  owner,  agent  or  operator, 
and  the  cost  thereof  may  be  recovered 
by  law  from  said  owner,  agent  or  opera- 
tor, in  the  same  manner  as  other  debts, 
by  suit  in  the  name  of  the  inspector  and 
for  his  use.  (R.  S.  1899,  § 8798.) 

Sec.  8443.  Escapement  shafts,  how 
constructed,  etc. — It  is  unlawful  for  any 
owner,  agent  or  operator  of  any  coal 
mine  worked  b}^  shaft  to  employ  or  per- 
mit any  person  to  work  therein  unless 
there  are  to  every  seam  of  coal  worked 
in  each  mine  at  least  two  separate  out- 
lets, separated  by  natural  strata  of  not 
less  than  three  hundred  feet  in  breadth, 
by  which  shafts  or  outlets  distinct  means 
of  ingress  and  egress  are  always  availa- 
ble to  the  persons  employed  in  the  mine; 
but  it  is  not  necessary  for  the  two  out- 
lets to  belong  to  the  same  mine  if  the 
persons  employed  therein  have  safe, 
ready  and  available  means  of  ingress 
and  egress  by  not  less  than  two  open- 
ings; the  communication  or  roadway  be- 


32 


tween  the  two  openings,  or  the  two 
openings  furnished  by  a connection  be- 
tween two  distinct  mines,  shall  at  all 
times  be  kept  clean  and  of  such  width 
and  height  as  to  make  tlie  same  safe 
and  available  for  a speedy  exit  in  case 
of  accident.  The  escapement  shaft  shall 
be  fitted  with  safe  and  available  appli- 
ances by  which  the  persons  employed  in 
the  mine  may  readily  escape  in  case  an 
accident  occurs  deranging  the  hoisting 
machinery ’at  the  main  outlets,  and  such 
means  or  appliances  for  escape  shall 
always  be  kept  in  a safe  condition,  and 
in  no  case  shall  an  air  shaft  with  a 
ventilating  furnace  at  the  bottom  be  con- 
strued to  be  an  escapement  shaft  within 
the  meaning  of  this  section.  The  cage 
or  cages  and  other  means  of  egress  shall 
at  all  times  be  available  for  the  persons 
employed  when  there  is  no  second  out- 
let. To  all  other  coal  mines,  whether 
slopes  or  drifts,  two  such  openings  of 
outlets  must  be  provided  within  twelve 
months  after  shipments  of  coal  have 
commenced  from  such  mine,  and  in  case 
such  outlets  are  not  provided  as  herein 
stipulated,  it  shall  not  be  lawful  for  the 
owner,  agent  or  operator  of  such  slope 
or  drift  to  permit  more  than  five  persons 
to  work  therein  at  any  one  time.  (R. 
S.  1899,  § 8799.) 

Sec.  8444.  Violation  of  preceding  sec- 
tion— penalty. — Any  owner,  agent  or 
operator  of  a coal  mine  in  this  state  vio- 
lating the  provisions  of  the  preceding 


33 


section  shall  be  deemed  guilty  of  a mis- 
demeanor, and  for  each  offense,  on  con- 
viction, shall  be  fined  not  less  than  fifty 
or  ■ more  than  two  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not 
less  than  three  or  more  than  twelve 
months,  or  by  both  such  fine  and  im- 
prisonment. (R.  S.  1899,  § 8800.) 
s Sec.  8445.  Ventilation — fire-damp,  etc. 
The  owner,  agent  or  operator  of  every 
coal  mine,  whether  operated  by  shaft, 
slope  or  drift,  shall  provide  and  main- 
tain for  every  such  mine  a good  and  suf- 
ficient amount  of  ventilation  for  such 
men  and  animals  as  may  be  employed 
therein,  the  amount  of  air  in  circulation 
to  be  in  no  case  less  than  one  hundred 
cubic  feet  for  each  man,  and  six  hun- 
dred cubic  feet  for  each  animal,  per  min- 
ute, measured  at  the  foot  of  the  down- 
cast, and  the  same  to  be  increased  at  the 
discretion  of  the  inspector  according  to 
the  character  and  extent  of  the  work- 
ings, or  to  the  amount  of  powder  used 
in  blasting;  and  said  volume  of  air  shall 
be  forced  and  circulated  to  the  face  of 
every  working  place  throughout  the 
mine,  so  that  such  mine  shall  be  free 
from  standing  powder-smoke  and  gases 
of  every  kind.  All  doors  set  on  main 
entries  for  the  purpose  of  conducting 
the  ventilation  shall  be  so  constructed 
and  hung  as  to  close  of  themselves  when 
opened,  and  shall  be  made  sufficiently 
tight  to  effectually  obstruct  the  air- 
currents.  In  all  mines  employing  fifty 
5 


34 


or  more  men,  a boy  or  trapper  shall  be 
kept  in  attendance  upon  such  doors,  to 
see  that  they  are  kept  securely  closed, 
and  the  air-currents  properly  controlled. 
Whenever  the  inspector  shall  find  men 
working  without  sufficient  air,  or  under 
any  unsafe  conditions,  he  shall  first  give 
the  operator  a reasonable  notice  to 
rectify  the  same,  and  upon  his  refusal 
to  do  so,  may  himself  order  them  out 
until  said,  portions  of  said  mine  shall 
be  put  in  proper  condition.  The  venti- 
lation required  by  this  section  may  be 
produced  by  any  suitable  appliances,  but 
in  case  a furnace  shall  be  used  for  ven- 
tilating purposes,  it  shall  be  built  in  such 
a manner  as  to  prevent  the  communica- 
tion of  fire  to  any  part  of  the  works,  by 
lining  the  upcast  with  incombustible  ma- 
terial for  a sufficient  distance  up  from 
said  furnace.  (R.  S.  1899,  § 8801.) 

Sec.  8446.  Ventilation — separate  air- 
currents  required. — Every  owner,  agent 
or  operator  of  every  coal  mine,  whether 
operated  by  shaft,  slope  or  drift,  em- 
ploying more  than  fifty  persons  in  such 
mine,  shall  on  and  after  the  first  day  of 
September,  1905,  in  providing  and  main- 
taining the  ventilation  required  by  sec- 
tion 8445,  split  the  volume  of  air  circu- 
lating in  such  mine  into  separate  cur- 
rents so  that  not  more  than  fifty  per- 
sons working  in  such  mine  shall  be  sup- 
plied by  the  same  current  of  air.  (Laws 
190S,  p.  237.) 

Sec.  8447.  Certcdn  mines  to  be  ex- 
amined daily. — All  mines  generating  ex- 


35 


plosive  gas  in  which  men  are  employed 
shall  be  examined  every  morning  by  a 
practical  and  duly  authorized  agent  of 
the  proprietor,  to  determine  whether 
there  are  any  dangerous  accumulations 
of  gas,  or  lack  of  proper  ventilation,  or 
obstructions  to  roadways,  or  any  other 
dangerous  conditions;  and  no  person  shall 
be  allowed  to  enter  the  mine  until  the 
examiner  shall  have  reported  all  of  the 
conditions  safe  for  beginning  work.  Such 
examiner  shall  make  a daily  record  of 
the  condition  of  the  mine,  in  a book 
kept  for  that  purpose,  which  shall  be 
open  at  all  times  to  the  examination  of 
the  inspector.  The  currents  of  air  in 
mines  shall  be  so  split  as  to  give  a sepa- 
rate current  to  at  least  every  fifty  men 
at  work,  and  the  mine  inspector  shall 
have  discretion  to  order  a separate  cur- 
rent for  a smaller  number  of  men,  if 
special  conditions  render  it  ne'cessary. 
(R.  S.  1899,  § 8802,  amended.  Laws  1907, 
p.  362.) 

Sec.  8448.  Experienced  persons  to 
handle  explosives,  etc. — It  shall  be  un- 
lawful for  any  operator  or  agent  of  a 
coal  mine  to  employ  persons  under- 
ground whose  duties  may  involve  con- 
tact with  inflammable  gases,  or  the 
handling  of  explosives,  who  have  not 
had  experience  in  such  duties,  unless  all 
such  employes  are  placed  under  the  im- 
mediate charge  and  control  of  some 
competent  and  experienced  miner,  so  as 
to  secure  the  safety  of  other  persons 


36 


employed  in  the  same  mine.  (R.  S. 
1899,  § 8803.) 

Sec.  8449.  Blasting  holes  to  be 
charged,  how.— It  shall  be  unlawful  for 
coal  miners  in  any  mine  to  charge  a 
blasting  hole  with  loose  powder,  or 
otherwise  than  with  a properly  con- 
structed cartridge;  and  in  dry  and  dusty 
mines,  it  shall  be  unlawful  to  load 
cartridges  in  the  mines  except  with  a 
powder-can  constructed  for  the  purpose. 
(R.  S.  1899,  § 8804.) 

Sec.  8450.  Traveling  ways  through 
shafts,  etc. — The  bottom  of  every  shaft 
shall  be  supplied  with  a traveling  way, 
to  enable  men  to  pass  from  one  side 
of  the  shaft  to  the  other,  and  without 
passing  under  or  over  the  cages.  All 
sumps  shall  be  securely  planked  over 
so  as  to  prevent  accidents  to  men.  (R. 
S.  1899,  § 8805.) 

Sec.  8451.  Penalty  for  offenses. — 
Every  owner,  agent  or  operator  of  any 
coal  mine  in  this  state,  employing  five 
or  more  persons,  violating  any  of  the 
provisions  of  sections  8445  to  8450,  in- 
clusive, shall  be  deemed  guilty  of  a mis- 
demeanor, and  on  conviction  shall  be 
fined  for  each  offense  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not 
less  than  three  nor  more  than  twelve 
months,  or  by  both  such  fine  and  im- 
prisonment. (R.  S.  1899,  § 8806.) 

Sec.  8452.  Oils  for  illuminating  pur- 
poses.— Only  a pure  animal  or  vegetable 


37 


oil,  or  other  oil  as  free  from  smoke  as 
a pure  animal  or  vegetable  oil,  and  not 
the  product  or  by-product  of  rosin,  and 
which  shall,  on  inspection,  comply  with 
the  following  test,  shall  be  used  for 
illuminating  purposes  in  the  mines  of 
this  state.  All  such  oil  must  be  tested 
^ at  6o  degrees  Fahrenheit.  The  specific 
gravity  of  the  oil  must  not  exceed  24 
degrees  Tagliabue.  The  test  of  the  oil 
must  be  made  in  a glass  jar  one  and 
five-tenths  inches  in  diameter  by  seven 
inches  in  depth.  If  the  oil  to  be  tested  is 
below  45  degrees  Fahrenheit,  in  tem- 
perature, it  must  be  heated  until  it 
reaches  about  80  degrees  Fahrenheit; 
and  should  the  oil  be  above  45  degrees 
and  below  60  degrees  Fahrenheit,  it  must 
be  raised  to  a temperature  of  about  70 
degrees  J^ahrenheit,  when,  after  being 
well  shaken,  it  should  be  allowed  to  cool 
gradually  to  a temperature  of  60  degrees 
Fahrenheit  before  finally  being  tested. 
In  testing  the  gravity  of  the  oil,  the 
Tagliabue  hydrometer  must  be,  when 
possible,  read  from  below,  and  the  last 
line  which  appears  under  the  surface 
of  the  oil  shall  be  regarded  as  the  true 
reading.  In  case  the  oil  under  test 
should  be  opaque  or  turbid,  one-half  of 
the  capillary  attraction  shall  be  deemed 
and  taken  to  be  the  true  reading.  Where 
the  oil  is  tested  under  difficult  circum- 
stances, an  allowance  of  one-half  degree 
may  be  made  for  possible  error  in  paral- 
lax, before  condemning  the  oil  for  use 


38 


in  the  mine.  All  oil  sold  to  be  used  for 
illuminating  purposes  in  the  coal  mines 
of  this  state  shall  be  contained  in  bar- 
rels or  packages,  branded  conspicuously 
with  the  name  of  the  dealer,  the  specific 
gravity  of  the  oil,  and  the  date  of  ship- 
ment. (R.  S.  1899,  § 8807.) 

Sec.  8453.  Penalty. — Any  person  or 
persons,  firm  or  corporation  which  ships 
any  oil  contained  in  3.ny  barrel  or  bar- 
rels, package  or  packages,  which  are  not 
branded  as  prescribed  in  section  8452, 
said  oil  to  be  used  for  illuminating  pur- 
poses in  coal  or  other  mines,  and  any 
person  or  pefsons,  firm  or  corporation 
which  sells  any  oil  other  than  that  pre- 
scribed in  section  8452,  to  be  used  for 
illuminating  purposes  in  coal  mines,  and 
any  person  or  persons,  firm  or  corpora- 
tion having  in  charge  the  operation  or 
running  of  any  coal  mine,  which,  in  a 
mine  under  his  or  its  charge,  uses  or 
permits  the  use  of  any  oil  other  than 
that  prescribed  in  section  8452,  and  any 
miner  or  mine  employe  who  uses,  with 
a knowledge  of  its  character,  in  any  coal 
mine  in  this  state,  any  other  oil  than 
that  prescribed  in  section  8452,  shall  be 
deemed  guilty  of  a misdemeanor,  and  on 
conviction  shall  be  fined  for  each  offense 
not  less  than  fifty  nor  more  than  two 
hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  three  nor 
more  than  twelve  months,  or  by  both 
such  fine  and  imprisonment.  (R.  S.  1899, 
§ 8808.) 


39 


Sec.  8454.  Inspector  to  inspect  oils. — 
It  shall  be  the  duty  of  the  state  coal 
mine  inspector,  in  person  or  by  some 
person  designated  by  him,  to  inspect  oils 
being  used  by  miners  to  determine  if 
the  grade  is  of  the  standard  described 
in  section  8452  of  this  article — said  in- 
^ spection  to  be  made  at  the  pleasure  of 
the  coal  mine  inspector,  or  a person 
designated  by  him.  Should  he  find  the 
grade  of  oil  used  below  the  grade  fixed 
in  section  8452,  he  shall  notify  the  owner, 
agent  or  operator  of  the  mine,  and  also 
notify  the  miners  using  the  oil,  that  the 
quality  is  inferior,  and  if  change  is  not 
made  as  soon  as  practical,  he  shall  notify 
the  prosecuting  attorney  of  the  county 
in  which  the  mine  is  located,  giving  him 
all  the  facts,  and  the  prosecuting  attor- 
ney shall  forthwith  proceed  to  enforce 
the  provisions  of  the  two  preceding  sec- 
tions. (R.  S.  1899,  § 8809.) 

Sec.  8455.  Bore-holes. — The  owner, 
agent  or  operator  shall  provide  that 
bore-holes  shall  be  kept  twenty  feet  in 
advance  of  the  face  of  each  and  every 
working  place,  and,  if  necessary,  on  both 
sides,  when  driving  toward  an  aban- 
doned mine  and  part  of  a mine  suspected 
to  contain  inflammable  gases  or  to  be 
inundated  with  water.  (R.  S.  1899,  .§ 
8810.) 

Sec.  8456.  Signaling — hoisting — cer- 

tain miners  not  to  work,  etc. — The 

owner,  agent  or  operator  of  every  mine 
operated  by  shaft  shall  provide  suitable 


40 


means  of  signaling  between  the  bottom 
and  the  top  thereof,  and  shall  also  pro- 
vide safe  means  of  hoisting  and  lower- 
ing persons  in  a cage  covered  with  boiler 
iron,  so  as  to  keep  safe,  as  far  as  pos- 
sible, persons  descending  into  and  as- 
cending out  of  said  shaft;  and  such  cage 
shall  be  furnished  with  guides  to  con- 
duct it  on  slides  through  such  shaft* 
with  a sufficient  break  on  every  drum 
to  prevent  accident  in  case  of  the  giving 
out  or  breaking  of  machinery;  and  such 
cage  shall  be  furnished  with  spring 
catches,  intended  and  provided,  as  far 
as  possible,  to  prevent  the  consequences 
of  cable  breaking  or  the  loosening  or 
disconnecting  of  the  machinery;  and  no 
props  or  rails  shall  be  lowered  in  a cage 
while  men  are  descending  into  or  as- 
cending out  of  said  mine:  Provided, 
that  the  provisions  of  this  section  in  re- 
lation to  covering  cages  with  boiler  iron 
shall  not  apply  to  coal  mines  less  than 
one  hundred  feet  in  depth,  where  the 
coal  is  raised  by  horse  power.  No  male 
person  under  the  age  of  fourteen  years, 
or  female  of  any  age,  shall  be  permitted 
to  enter  any  mine  to  work  therein;  nor 
shall  any  boy  under  the  age  of  sixteen 
years,  unless  he  can  read  or  write,  be 
allowed  to  work  in  any  mine.  Any 
party  or  person  neglecting  or  refusing 
to  perform  the  duties  required  to  be  per- 
formed by  the  provisions  of  this  article 
shall  be  deemed  guilty  of  a misdemeanor, 
and  punished  by  a fine  in  the  discretion 


41 


of  the  court  trying  the  same,  subject, 
however,  to  the  limitations  as  provided 
by  section  8463  of  this  article.  (R.  S. 
1899,  § 8811,  amended,  Laws  1905,  p. 

237.) 

Sec.  8457.  Person  in  control  of  hoist- 
ing machinery,  etc. — No  owner,  agent  or 
operator  of  any  mine  operated  by  shaft 
^or  slope  shall  place  in  charge  of  any 
engine  whereby  men  are  lowered  into  or 
hoisted  out  of  the  mines  any  but  an  ex- 
perienced, competent  and  sober  person 
not  under  eighteen  years  of  age;  nor 
shall  such  engineer  be  permitted  to 
operate  the  hoisting  machinery  unless  he 
be  located  in  such  close  proximity  to 
the  engine  and  drum  as  will  enable  him 
to  continuously  have  supervision  and 
control  of  both  engine  and  drum;  and 
no  person  shall  be  permitted  to  ride 
upon  a loaded  cage  or  wagon  used  for 
hoisting  purposes  in  any  shaft  or  slope, 
and  in  no  case  shall  more  than  twelve 
persons  ride  on  any  cage  or  car  at  an}^ 
o e time;- nor  shall  any  coal  be  hoisted 
out  of  any  mine  while  persons  are  de- 
scending into  such  mine,  and  the  num- 
ber of  persons  to  ascend  out  of  or  de- 
scend into  any  mine  on  one  cage  shall 
be  determined  by  the  inspector;  the 
maximum  number  so  fixed  shall  not  be 
less  than  four  nor  more  than  twelve, 
nor  shall  be  lowered  or  hoisted  more 
rapidly  than  five  hundred  feet  to  the' 
minute.  (R.  S.  1899,  § 8812.) 

Sec.  8458.  Semi-weekly  inspection  of 
hoisting  equipment — record  of  same. — 


42 


Every  owner  or  operator,  or  the 
agent  of  such  owner  or  operator  of  any 
coal  mine  in  this  state,  who  shall  employ 
twenty-five  or  more  miners  or  mine 
laborers,  where  any  mechanical  device 
is  or  shall  be  used  for  the  lowering  or 
hoisting  of  men  into  or  out  of  such 
mine,  shall  have  some  experienced  and 
practical  person  to  inspect  all  ropes, 
cages,  safety-catches,  shive-wheels  and 
drum  brakes  at  least  twice  in  each  week 
while  such  mine  shall  be  in  operation. 
And  every  such  owner  or  operator,  or 
the  agent  of  such  owner  or  operator  of 
such  mine,  is  hereby  required  to  furnish 
a book  of  suitable  kind  in  which  the 
results  of  each  inspection  are  hereby  re- 
quired to  be  entered  and  recorded  b}^ 
the  person  making  such  inspection  as 
soon  and  as  often  as  the  same  shall  be 
made,  always  reciting  in  such  book  also 
the  day  and  date  of  such  inspection;  and 
such  book  shall  be  kept  at  such  mine, 
and  shall,  on  all  working  days,  be  open 
for  the  information  of  all  employes  of 
such  mine.  (Laws  1909,  p.  695.) 

Sec.  8459.  Penalty. — Every  owner  or 
operator,  or  the  agent  of  such  owner 
or  operator  of  any  coal  mine  in  this 
state  of  the  kind  mentioned  in  the  next 
preceding  section,  who  shall  fail  to  com- 
ply with  the  provisions  of  said  section, 
shall  be  deemed  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof,  shall  be 
punished  by  a fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one 


43 


hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  days 
nor  more  than  ninety  days,  or  by  both 
such  fine  and  imprisonment,  for  each  and 
every  separate  offense.  And  every  fail- 
ure to  have  made  such  inspection  and 
to  have  entered  and  recorded  the  re- 
sults of  such  inspection  as  provided  in 
^section  8458  on  any  day  when  the  same 
should  have  been  done,  shall  constitute 
a separate  offense.  (Laws  1909,  p.  695.) 

Sec.  8460.  Lowering  and  hoisting 
miners. — The  owner,  agent  or  oper- 
ator of  all  coal  mines  employing  twenty- 
five  or  more  men,  shall  cause  a compe- 
tent person  to  be  stationed  at  the  top  of 
the  shaft,  and  a competent  person  to 
be  stationed  at  the  bottom  of  the  shaft, 
whose  duties  shall  be  to  answer  all  sig- 
nals for  the  lowering  or  hoisting  of  men 
in  the  shaft,  and  to  keep  watch  over, 
and  control  of,  such  signals  while  men 
are  being  lowered  or  hoisted  in  the  shaft; 
the  persons  so  appointed  to  look  after 
said  signals  shall  be  at  their  posts  of 
duty  at  least  thirty  minutes  before  the 
hoisting  of  coal  has  commenced  in  the 
morning,  and  shall  remain  after  the 
hoisting  of  coal  has  ceased  in  the  even- 
ing at  least  thirty  minutes.  Whenever 
eight  persons  shall  present  themselves 
at  the  bottom  of  the  shaft  and  after 
having  fini-hed  their  day’s  work,  or 
otherwise  having  been  prevented  from 
working,  an  empty  cage  shall  be  fur- 
nished the  same  on  which  to  ascend. 


44 


And  any  owner,  agent  of  operator  of 
coal  mines  in  this  state,  who  shall  know- 
ingly violate  any  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  shall  be 
punished  by  a fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  three 
hundred  dollars  for  each  offense,  or  by 
imprisonment  in  the  county  jail  for  not* 
less  than  thirty  days  nor  more  than 
ninety  days,  or  by  both  such  fine  and 
imprisonment.  (R.  S.  1899,  § 8813, 

amended.  Laws  1909,  p.  696.) 

Sec.  8461.  Boilers — fencing  entrances 
— signals,  etc. — All  boilers  used  in  gen- 
erating steam  in  and  about  coal  mines 
shall  be  kept  in  good  order,  and  the 
owner,  agent  or  operator,  as  aforesaid, 
shall  have  the  said  boiler  examined  and 
inspected  by  hydrostatic  pressure  and 
warm  water,  by  a competent  boiler- 
maker or  other  qualified  person,  as  often 
as  once  every  six  months,  and  the  result 
of  every  such  examination  shall  be  cer-^ 
tified  in  writing  to  the  mine  inspector; 
and  the  top  of  each  and  every  shaft, 
and  the  entrance  of  each  and  every  im- 
mediate working  vein,  shall  be  securely 
fenced  by  gates  properly  covering  and 
protecting  such  shaft  and  entrance 
thereto;  and  the  entrance  to  every 
abandoned  slope,  air  or  other  shaft,  shall 
be  securely  fenced  off;  and  every  steam 
boiler  shall  be  provided  with  a proper 
steam  gauge,  water  gauge  and  safety 
valve,  and  all  underground  self-acting 


45 


or  engine  planes  or  gangways  on  which 
coal  cars  are  drawn  and  persons  travel, 
shall  be  provided  with  some  proper 
means  of  signaling  between  the  stepping 
places  and  the  end  of  said  planes  or 
gangways,  and  sufficient  places  of  refuge 
at  the  sides  of  such  planes  or  gangways 
^shall  be  provided  at  intervals  of  not 
more  than  twenty  feet  apart.  (R.  S. 
1899,  § 8814.) 

Sec.  8462.  Accidents — duty  and  power 
of  inspector,  etc. — Whenever  loss  of  life 
or  serious  personal  injury  shall  occur  b}^ 
reason  of  any  explosion  or  of  any  acci- 
dent whatsoever,  in  or  about  any  mine, 
it  shall  be  the  duty  of  the  person  having 
charge  of  such  mine  to  report  the  facts 
thereof  without  delay  to  the  state  mine 
inspector,  and  if  any  person  is  killed 
thereby,  to  notify  the  coroner  of  the 
county  also,  or  in  his  absence  or  in- 
ability to  act,  any  justice  of  the  peace 
of  said  county;  and  the  said  inspector 
shall,  if  he  deem  it  necessary  from  the 
facts  reported,  immediately  go  to  the 
scene  of  said  accident  and  make  , sug- 
gestions and  render  such  assistance  as 
he  may'  deem  necessary  for  the  safety 
of  the  men;  and  the  inspector  shall  in- 
vestigate and  ascertain  the  cause  of  such 
explosion  or  accident  and  make  a re- 
port thereof,  which  he  shall  preserve 
with  the  other  records  of  his  office;  and 
to  enable  him  to  make  such  investiga- 
tion, he  shall  have  the  power  to  take 
depositions,  compel  the  attendance  of 


46 


witnesses  and  administer  oaths  or  af- 
firmations to  them;  and  the  cost  of  such 
investigation  shall  be  paid  by  the  county 
court  of  the  county  in  which  such  acci- 
dent shall  have  occurred,  in  the  same 
manner  as  costs  of  coroners’  inquests 
are  now  paid.  And  a failure  on  the  part 
of  the  person  having  charge  of  any  mine 
in  which  any  such  accident  may  have* 
occurred  to  give  notice  to  the  inspector 
or  coroner,  as  provided  for  in  this  sec- 
tion, shall  subject  such  person  to  a fine 
of  not  less  than  one  hundred  nor  more 
than  three  hundred  dollars,  to  be  re- 
covered of  him  in  the  name  of  the  state 
of  Missouri,  before  any  justice  of  the 
peace  of  such  county  wherein  the  mine 
is  situate  and  the  accident  occurred; 
and  such  fine,  when  collected,  shall  be 
paid  into  the  county  treasury  for  the  use 
and  benefit  of  said  county.  (R.  S.  1899, 

§ 8815.) 

Sec.  8463.  Fines,  how  recovered. — In 

all  cases  in  which  punishment  is  not 
provided  for  by  fine  under  this  article, 
for  a breach  of  any  of  its  provisions,  the 
fine  for  the  first  offense  shall  not  be  less 
than  fifty  nor  more  than  two  hundred 
dollars,  and  for  the  second  offense  not 
less  than  two  hunared  nor  more  than 
five  hundred  dollars,  to  be  recovered  in 
any  court  of  the  state  having  compe- 
tent jurisdiction.  (R.  S.  1899,  § 8816.) 

Sec.  8464.  Bureau  of  mines  estab- 
lished, etc. — There  is  hereby  created  a 
department,  to  be  known  as  the  bureau 


47 


of  mines,  mining  and  mine  inspection, 
with  its  office  located  at  the  state  capi- 
tol.  The  governor  shall,  for  the  inspec- 
tion of  coal  mines,  appoint  an  inspector 
'and  one  assistant  to  the  same,  both  of 
whom  shall  have  been  practical  miners 
in  coal  mines.  For  lead,  zinc  and  mines 
other  than  coal  mines,  the  governor 
sliall  appoint  two  inspectors,  both  of 
whom  shall  have  had  practical  experi- 
ence in  lead  and  zinc  mining;  one  of  said 
inspecors  shall  be  appointed  to  serve  in 
the  western  lead  and  zinc  district,  and 
the  other  inspector  in  the  eastern  lead 
and  zinc  district.  Said  district  in  the 
lead  and  zinc  field  to  be  divided  from 
north  to  south  through  the  state  by  a 
line  which  will  border  the  western 
boundary  of  Cooper  and  Webster  coun- 
ties. Neither  of  the  above-named  in- 
spectors shall  be  interested  in  any  mine, 
and  each  shall  receive  a salary  of  eigh- 
teen hundred  dollars  per  annum,  and 
there  shall  also  be  allowed  and  paid  out 
of  the  general  revenue  fund  the  actual 
traveling  expenses  of  the  inspectors. 
The  inspectors  so  appointed  shall  have 
authority  to  appoint  a secretary  of  the 
bureau  of  mines,  mining  and  mine  in- 
spection, who,  in  addition  to  his  other 
qualifications,  shall  be  a competent 
draughtsman,  and  receive  a salary  of 
eighteen  hmdred  dollars  per  annum. 
(R.  S.  1899,  § 8817,  amended.  Laws,  1903, 
p.  245,  Laws  1907,  p.  365.) 


48 


Sec.  8465.  Health  and  safety  of  miners 
— report  to  the  governor — report  of  oper- 
ators to  inspectors. — The  inspectors  pro- 
vided for  in  this  article  shall  see  that^ 
every  necessary  precaution  is  taken  to 
secure  the  health  and  safety  of  the  work- 
men employed  in  any  of  the  mines  in  the 
state,  that  the  provisions  and  require- 
ments provided  for  in  this  article  be 
faithfully  observed  and  obeyed,  and  the 
penalties  of  the  law  enforced.  They 
shall  also  collect  and  tabulate  in  their 
report,  to  be  made  to  the  governor  on 
the  15th  day  of  April  of  each  year,  the 
extent  of  the  workable  mining  lands  in 
the  state  by  counties;  also,  the  manner 
of  mining,  whether  by  shaft,  slope,  drift 
or  otherwise,  the  number  of  mines  in 
operation,  the  number  of  men  employed 
therein,  the  amount  of  capital  invested 
and  the  amount  and  value  of  all  mine 
products.  And  in  order  that  the  pro- 
visions of  this  section  may  be  faithfulh^ 
enforced,  it  shall  be  the  duty  of  every 
mine  owner,  operator  or  lessee  doing 
business  of  a mining  nature,  embracing  ' 
lead,  zinc,  coal,  copper,  iron  or  other 
minerals  within  this  state,  to  report  to 
the  inspectors  within  20  days  following 
the  1st  day  of  January  of  each  year,  the 
name  of  the  person,  firm,  corporation  or 
company  doing  a mining  business,  where 
the  mines  are  located,  the  number  of 
acres  owned  or  leased  of  minable  lands,  t* 
the  capital  invested  in  lands  and  plant, 
the  number  of  shafts,  drifts,  slopes  or 


49 


open  cuts  operated,  the  number  of  men 
employed  in  and  about  the  mines,  aver- 
age wages  paid  employes,  the  amount 
of  mineral  produced,  the  average  price 
^received  for  said  product  and  all  such 
other  information  pertaining  to  mining 
as  may  be  required  by  the  inspectors; 
coal  mine  operators  reporting  to  the  coal 
niine  inspector  and  the  operators  of  all 
other  mines  to  the  inspector  of  lead, 
zinc  and  other  mines  upon  blanks  which 
the  inspectors  are  hereby  authorized  to 
furnish  for  such  purpose;  it  shall  also 
be  the  duty  of  every  mine  owner  or 
operator  doing  a mining  business  in  this 
state,  who  sells  or  disposes  of  such  min- 
ing property  to  another  person,  firm, 
company  or  corporation,  to  furnish  to 
the  purchaser  or  purchasers  thereof,  a 
certified  statement  of  the  amount  and 
value  of  all  mine  products,  the  average 
number  of  men  employed  and  the  aver- 
age wages  paid,  for  that  portion  of  the 
calendar  year  that  such  mining  property 
has  been  operated;  and  such  purchaser 
or  purchasers  shall  preserve  and  incor- 
porate the  same  in  the  annual  report 
required  under  this  act;  it  shall  also  be 
the  duty  of  all  operators  to  require  of 
their  sublessees  a monthly  statement  of 
the  average  number  of  men  employed 
each  month  and  the  average  wages  paid 
them,  that  correct  accounting  may  be 
made  of  the  same  in  the  annual  report 
required;  it  shall  also  be  the  duty  of  all 
persons,  companies  or  corporations  open- 


50 


ing  up  new  mines  or  mining  property  to 
promptly  report  the  same  to  the  in- 
spector. (R.  S.  1899,  § 8818,  amended, 
Laws  1901,  p.  212.) 

Sec.  8466.  Penalty  for  violation  of  pre- 
ceding section. — When  any  owner,  oper- 
ator or  lessee  of  any  mine  within  this 
state  shall  fail  or  refuse  to  comply  wit^ 
the  provisions  of  section  8465  of  this 
article,  such  offender  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  con- 
viction thereof,  shall  be  fined  in  a sum 
not  less  than  one  hundred  dollars  nor 
more  than  three  hundred  dollars  for  each 
offense,  and  the  state  mine  inspector  is 
hereby  authorized  to  certify  such  failure 
or  refusal  to  the  county  prosecuting  at- 
torney, in  which  county  the  offense  was 
committed,  whose  duty  it  shall  be  to 
prosecute  such  offender  or  offenders. 
(Laws  1901,  p.  212.) 

Sec.  8467.  Inspector  may  enter  mines 
at  any  time,  etc. — It  shall  be  lawful  for 
the  inspector  provided  for  in  this  article 
to  enter,  examine  and  inspect  any  and 
all  mines  and  machinery  belonging  there- 
to, at  all  reasonable  times,  by  day  or 
by  night,  but  so  as  not  to  obstruct  or 
hinder  the  necessary  workings  of  such 
mine,  and  the  owner,  agent  or  operator 
of  every  such  mine  is  hereby  required  to  , 
furnish  all  necessary  facilities  for  such 
entering,  examination  and  inspection; 
and  if  the  said  owner,  agent  or  operator 
aforesaid  shall  refuse  to  permit  such  in- 
spection, or  to  furnish  the  necessary  fa- 


51 


cilities  for  such  entry,  examination  and 
inspection,  the  inspector  shall  file  his 
affidavit  setting  forth  such  refusal  be- 
^ fore  the  judge  of  the  circuit  court  in 
said  county  in  which  said  mine  is  sit- 
uated, either  during  the  term  of  the  court 
or  during  vacation,  and  obtain  an  order 
^n  such  owner,  agent  or  operator  so  re- 
fusing as  aforesaid,  commanding  him  to 
permit  and  furnish  such  facilities  for  the 
inspection  of'  such  mine,  or  to  be  ad- 
judged to  stand  in  contempt  of  court 
and  punished  accordingly;  and  if  the 
said  inspector  shall,  after  examination 
of  any  mine  and  the  works  and  ma- 
chinery pertaining  thereto,  find  the  same 
to  be  worked  contrary  to  the  provisions 
of  this  article,  or  unsafe  for  the  workmen 
therein  employed,  said  inspector  shall, 
through  the  circuit  attorney  of  his  coun- 
ty, or  any  attorney  in  case  of  his  re- 
fusal to  act,  acting  in  the  name  and  on 
behalf  of  the  state,  proceed  against  the 
owner,  agent  or  operator  of  such  mine, 
either  separately  or  collectively,  by  in- 
junction, without  bond,  after  giving  at 
least  two  days’  notice  to  such  owner, 
agent  or  operator;  and  said  owner,  agent 
or  operator  shall  have  the  right  to  ap- 
pear before  the  judge  to  whom  applica- 
tion is  made,  who  shall  hear  the  same 
on  affidavits  and  such  other  testimoii}' 
as  may  be  offered  in  support  as  well  as 
in  opposition  thereto;  and  if  sufficient 
cause  appear,  the  court,  or  judge  in  va- 
cation, by  order,  shall  prohibit  the  fur- 


I 


52 


ther  working  of  any  such  mine  in  which 
persons  may  be  unsafely  employed  con- 
trary to  the  provisions  of  this  article, 
until  the  same  shall  have  been  made 
safe  and  the  requirements  of  this  article 
shall  have  been  complied  with;  and  the 
court  shall  award  such  costs  in  the  mat- 
ter of  said  injunction  as  may  be  just; 
but  any  such  proceedings  so  commenced^ 
shall  be  without  prejudice  to  any  other 
remedy  permitted  by  law  for  enforcing 
the  provisions  of  this  article.  (R.  S. 
1899,  § 8819.) 

Sec.  8468.  Inspectors  to  examine — 
safety  of  employes — powers  of  inspect- 
ors.— The  state  mine  inspectors  of  lead 
mines,  zinc  mines  and  mines  other  than 
coal  are  hereby  authorized,  empowered 
and  directed  to  thoroughly  inspect  all 
underground  excavations  in  all  lead 
mines,  zinc  mines  and  mines  other  than 
coal,  as  often  as  the  inspector  may  deem 
proper  after  the  passage  and  approval 
of  this  act,  to  ascertain  the  condition 
of  said  underground  excavations  with 
respect  to  the  safety  of  all  employes 
working  in  such  underground  excava- 
tions; and,  if  after  such  examination, 
the  inspectors  shall  find  that  the  safety 
of  the  employes  engaged  in  working  in 
such  excavations  is  imperiled  by  reason 
of  there  being  only  one  shaft  or  outlet 
by  which  a distinct  means  of  ingress 
and  egress  is  always  available  to  such 
employes,  it  shall  be  the  duty  of  such 
inspectors  to  immediately  notify  the 


53 


owner,  agent  or  operator  of  such  mine, 
in  writing,  specifying  the  particular  un- 
derground excavation  so  found  to  be  un- 
safe or  dangerous,  and  direct  the  owner, 
agent  or  operator  to,  within  thirt}^  days 
after  receiving  such  notice,  commence  to 
sink  another  shaft  or  outlet  for  such  un- 
derground excavation,  at  some  point  to 
be  agreed  to  by  such  inspector,  and 
prosecute  the  sinking  of  such  shaft  or 
outlet  with  all  due  diligence  until  the 
same  is  completed.  And  the  state  mine 
inspectors  aforesaid  shall  have  power, 
if  the}^  deem  it  for  the  safety  of  the  em- 
ployes, to  order  all  employes  engaged 
in  working  in  such  underground  exca- 
vations so  found  to  be  unsafe  or  dan- 
gerous to  quit  work  until  such  other 
shaft  or  outlet  shall  have  been  com- 
pleted, or  until  further,  notified  by  such 
inspector.  (Laws  1907,  p.  364.) 

Sec.  8469.  Inspection — ventilation. — 
The  state  mine  inspectors  for  lead  mines, 
zinc  mines  and  other  mines  other  than 
coal  are  hereby  authorized,  empowered 
and  directed  to  thoroughly  inspect  all 
underground  excavations  in  all  lead 
mines,  zinc  mines  and  mines  other  than 
coal,  as  often  as  the  inspector  may  deem 
proper,  from  and  after  the  passage  and 
approval  of  this  act,  and  ascertain  the 
condition  of  such  underground  excava- 
tions with  respect  to  the  health  of  em- 
ployes engaged  in  working  in  such  un- 
derground excavations;  and,  if  after  such 
examination,  the  inspector  shall  find  that 


54 


the  health  of  the  employes  is  impaired 
by  reason  of  there  not  being  sufficient 
circulation  of  air  or  ventilaton  for  such 
employes,  it  shall  be  the  duty  of  such  in- 
spector to  immediately  notify  the  owner,  ^ 
agent  or  operator  of  such  mine,  in  writ- 
ing, specifying  the  underground  excava- 
tion so  found  to  be  unhealthful,  and  di- 
rect such  owner,  agent  or  operator 
such  mine  to,  within  fifteen  days  after 
receiving  such  written  notice,  commence 
to  drill  a sufficient  number  of  air  holes 
for  such  underground  excavation,  at 
some  point  or  points  to  be  agreed  to  by 
such  inspectors,  and  prosecute  the  drill- 
ing of  such  air  hole  or  holes  with  all 
due  diligence  until  they  are  completed. 
And  the  inspectors  shall  have  power,  if 
they  deem  it  for  the  interest  of  the  em- 
ployes, to  order  all  employes  engaged 
in  working  in  such  underground  exca- 
vations so  affected  by  said  notice  to  quit 
work  until  such  air  hole  or  holes  shall 
have  been  completed,  or  until  further 
notified  by  such  inspector.  (Laws  1907,  \ 

P.  ,364-)  I 

Sec.  8470.  Penalty. — Every  person,  ^ 

owner,  agent  or  operator  of  any  lead  | 
mines,  zinc  mines  or  mines  other  than 
coal,  who  shall  violate  any  of  the  pro- 
visions of  this  act,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprison- 
ment in  the  county  jail  for  a term  not 
exceeding  six  months,  or  by  a fine  not 
less  than  one  hundred  dollars  for  each 


offense,  or  by  both  such  fine  and  im- 
prisonment. (Laws  1907,  p.  364.) 

Sec.  8471.  In  case  of  injury  or  death, 
right  of  action. — For  any  injury  to  per- 
> sons  or  property  occasioned  by  any  vio- 
lation of  this  article  or  failure  to  com- 
ply with  any  of  its  provisions,  a right  of 
action  shall  accrue  to  the  part}^  injured 
ifor  any  direct  damages  sustained  there- 
by; and  in  case  of  loss  of  life  by  rea- 
son of  such  violation  or  failure  as  afore- 
said, a right  of  action  shall  accrue  to  the 
widow  of  the  person  so  killed,  his  lineal 
heirs  or  adopted  children,  or  to  any  per- 
son or  persons  who  were,  before  such 
loss  of  life,  dependent  for  support  on  the 
person  or  persons  so  killed,  for  a like 
recovery  of  damages  sustained  by  rea- 
son of  such  loss  of  life  or  lives:  Provided, 
that  all  suits  brought  under  this  article 
shall  be  commenced  within  one  year 
after  any  cause  of  action  shall  have  ac- 
crued under  this  article  and  not  after- 
ward; and  provided  further,  that  any  per- 
son entitled  to  sue  under  this  section 
’ for  loss  of  life  or  lives  may  recover  any 
sum  not  exceeding  ten  thousand  dollars. 
(R.  S.  1899,  § 8820.) 

Sec.  8472.  Rules  of  working  mines — 
penalty. — Any  miner,  workmen  or  other 
person  who  shall  knowingly  injure  any 
water-gauge,  barometer,  air-course  or 
brattice,  or  shall  obstruct  or  throw  open 
any  airways,  or  carry  any  lighted  lamps 
^ or  matches  into  places  that  are  worked 
by  the  light  of  safety  lamps,  or  shall 


56 


handle  or  disturb  any  part  of  the  ma- 
chinery of  the  hoisting  engine,  or  open 
a door  to  a mine  and  not  have  the  same 
closed  again,  whereby  danger  is  pro-  , 
duced,  either  to  the  mine  or  those  at 
work  therein,  or  who  shall  enter  into 
any  part  of  the  mine  against  caution,  or 
who  shall  disobey  any  order  given  ii\ 
pursuance  of  this  article,  or  who  shall 
do  any  willful  act  whereby  the  lives  and 
health  of  persons  working  in  the  mine, 
or  the  security  of  the  mine  or  miners,  or 
the  machinery  thereof,  is  endangered, 
shall  be  deemed  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof,  shall  be 
punished  by  fine  or  imprisonment,  at 
the  discretion  of  the  court.  (R.  S.  1899, 

§ 8821.) 

Sec.  8473.  Prop  timbers. — The  owner, 
agent  or  operator  of  any  mine  shall  keep 
a sufficient  supply  of  timber,  when  re- 
quired to  be  used  as  props,  so  that  the 
workmen  may  at  all  times  be  able  to 
properly  secure  the  said  workings  from  i 
caving  in,  and  it  shall  be  the  duty  of  the  i 

owner,  agent  or  operator  to  send  down  l 

all  such  props  when  required.  (R.  S.  ' 
1899,  § 8822.)  ^ 

Sec.  8474  Method  of  working  on  the  i 
room  and  pillar  plan. — The  owner,  agent 
or  operator  of  any  coal  mine  in  this 
state,  employing  five  or  more  persons, 
if  said  mine  is  worked  on  the  room  and 
pillar  plan,  shall  cause  the  work  in  such 
mine  to  be  prosecuted  in  the  following 
manner,  and  none  other,  to-wit:  Two 


57 


entries  must  be  driven  parallel  for  the 
ingress  and  egress  of  the  air,  and  cross- 
cuts must  be  made  at  interv9.1s  not  to 
exceed  fifty  feet  apart,  and  no  rooms, 
entries  or  other  openings  sl'^all  be  al- 
lowed to  start  inside  of  the  last  cross- 
cut until  the  next  one  be  made;  and  fur- 
^ther,  that  it  shall  be  unlawful  for  any 
owner,  operator  or  agent  for  any  per- 
son, persons,  corporation  or  company  to 
permit  the  mouth  or  mouths  of  worked 
out  or  abandoned  rooms  or  entries  in 
any  coal  mine  to  remain  open  for  a 
period  exceeding  one  month  from  the 
date  of  abandonment  of  any  such  room, 
rooms,  entry  or  entries.  All  such  aban- 
doned work  as  designated  must  be  se- 
curely sealed  in  such  manner  as  will 
effectually  prevent  the  escape  of  all  gases 
or  other  impurities  calculated  to  vitiate 
the  ventilative  current  of  a mine:  Pro- 
vided, that  the  sealing  of  rooms  and  en- 
tries herein  provided  for  shall  only  be 
required  in  such  mines  and  places  there- 
in as  the  mine  inspector  shall  in  his  dis- 
cretion deem  necessary  for  insuring  the 
health  and  safety  of  workmen  therein. 
(R.  S.  1899,  § 8823,  amended.  Laws  1907, 

p.  363.) 

Sec.  8475.  Penalty. — Any  owner,  agent 
or  operator  in  charge  of  any  coal  mine 
worked  on  the  room  and  pillar  plan  fail- 
ing to  comply  with  the  provisions  of 
section  8474  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction 
shall  be  punished  by  a fine  of  not  less 


;8 


than  one  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  six 
months  nor  more  than  one  year,  or  by 
both  such  fine  and  imprisonment;  and 
every  day  that  the  mine  is  operated  con- 
trary to  the  provisions  of  section  8474, 
after  the  owner,  agent  or  operator  in'' 
charge  thereof  shall  have  been  convicted 
for  a first  offense  under  section  8474, 
shall  be  and  constitute  a separate  and 
distinct  subsequent  offense,  and  shall  be 
punished  as  such.  (R.  S.  1899,  § 8824.) 

Sec.  8476.  Notice  to  be  given  by  in- 
spector.— The  state  coal  mine  inspector 
shall,  after  sections  8474  to  8476,  in- 
clusive, become  a law,  give  notice,  in 
writing,  to  the  owner,  agent  or  operator 
in  charge  of  each  coal  mine  in  this  state 
now  being  worked  on  the  room  and  pil- 
lar plan,  to  conform  the  working  of 
such  mine  to  the  requirements  herein- 
before set  out  and  prescribed;  and  such 
owner,  agent  or  operator  shall  have 
thirty  days  in  which  to  comply  before 
being  liable  to  the  penalty  provided  here- 
in. (R.  S.  1899,  § 8825.) 

Sec.  8477.  Explosives  to  be  kept  in  a 
strong  box — shot-firers  to  be  employed. 
All  owners,  agents  or  operators  of  coal 
mines  shall  require  of  all  miners  or 
other  persons  employed  in  and  about 
a mine,  using  gun  or  blasting  powder  or 
other  explosives,  to  have  and  keep  a 
strong  box  in  which  all  surplus  gun  or 
blasting  powder  or  other  explosives  in 
the  mine  shall  be  kept,  excepting  so 


59 


much  as  is  necessary  for  immediate  use. 
These  boxes  shall  be  kept  locked  and 
not  opened  unless  it  be  to  put  in  or  take 
^out  powder.  Nor  must  these  strong  (or 
powder)  boxes  be  kept  nearer  than  one 
’hundred  feet  to  the  place  of  blasting. 
And  in  all  dry  and  dusty  coal  mines  dis- 
charging light  carbonated  hydrogen  gas, 
or  in  mines  where  the  coal  is  blasted  off 
of  the  solid,  shot-firers  must  be  employed 
by  the  operator  of  said  mine  or  mines, 
to  fire  all  shots  after  the  employes  and 
other  persons  have  retired  from  the 
mine.  And  all  shots  prepared  by  the 
miner  for  the  extraction  of  coal  from 
off  of  the  solid,  must  be  so  placed,  drilled 
and  charged,  that  the  same,  when  fired, 
shall  perform  safely  the  duty  required 
of  such  shots;  but  if  the  shot-firers  find 
or  discover  that  a drill  hole  is  gripping 
too  much  or  that  it  is  drilled  too  much 
into  (what  the  miners  term)  “the  tight,’’ 
and  as  may  in  the  judgment  of  the  shot- 
firers,  prove  a windy,  blown-out  or  other- 
wise dangerous  shot,  said  shot-firers 
shall  there  and  then  condemn  such  shot 
as  too  dangerous  to  fire  and  pass  the 
same  without  firing  it.  It  shall  also  be 
the  duty  of  the  shot-firers  to  notify  the 
mine  foreman  as  soon  as  practicable, 
when  a shot  is  condemned,  who  shall 
in  turn  attract  the  attention  of  the  miner 
or  miners  responsible  for  the  preparation 
^of  said  condemned  shot  and  said  miner 
or  miners  shall  immediately  after  re- 
turning to  work  provide  the  necessai*}^ 
^-remedy  to  render  the  said  condemned 


6o 


shot  harmless.  (R.  S.  1899,  § 8826, 
amended,  Laws  1901,  p.  214,  Laws  1903, 

p-  247.) 

Sec.  8478.  Penalty. — Any  agent,  owner 
or  operator  of  any  coal  mine  in  this  ^ 
state  violating  the  provisions  of  the  pre- 
ceding section  shall  be  deemed  guilty 
of  a misdemeanor,  and  for  each  offense 
on  conviction  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  two 
hundred  and  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than 
six  months  nor  more  than  one  year,  or 
by  both  such  fine  and  imprisonment, 
proceedings  to  be  instituted  in  any 
court  having  competent  jurisdiction. 
(R.  S.  1899,  § 8827,  amended.  Laws  1901, 
p.  214,  Laws  1903,  p.  247.) 

Sec.  8479.  Qualification  of  miners  - 
Any  person  desiring  to  perform  the 
work  of  a coal  miner  and  for  himself  to 
conduct  room,  entry  or  other  under- 
ground mining  in  coal  mines  of  this 
state,  shall,  before  being  permitted  to 
engage  in  such  work,  produce  evidence 
of  a satisfactory  nature  that  he  has  for  j 
one  year  worked  in  coal  mines  with  or  . 
as  a practical  miner;  such  applicant  to 
furnish  evidence  of  his  experience  and 
qualifications  to  the  coal  mine  inspector, 
or  to  the  person  designated  by  said  in- 
spector to  pass  upon  the  competency  of 
such  applicant,  and  until  said  applicant 
shall  have  fully  satisfied  the  coal  mine 
inspector  or  the  party  designated  by  the 
said  inspector  at  the  mine,  wherein  such  ■ 
employment  is  sought  of  his  fitness  to 


6i 


perform  the  duties  as  above  mentioned, 
he  shall  not  be  permitted  to  mine  coal 
unless  associated  with  a practical  miner 
for  such  length  of  time  as  will  qualify 
’ said  applicant  to  safely  for  himself  and 
others  perform  underground  work,  and 
any  owner,  agent  or  operator  of  any  coal 
,mine  in  this  state  who  shall  knowingly 
violate  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction,  shall 
be  punished  by  a fine  of  not  less  than 
fifty  dollars  nor  more  than  two  hundred 
dollars  for  each  and  every  ofifense,  or 
by  imprisonment  in  the  county  jail  for 
a period  of  not  less  than  thirty  days  nor 
more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment,  proceedings  to 
be  instituted  in  any  court  having  com- 
petent jurisdiction.  (R.  S.  1899,  § 8828, 
amended.  Laws  1901,  p.  215.) 


ARTICLE  III. 

State  Mining  Board — Powers  and 
Duties  of. 

(Secs.  8480-8498,  both  inclusive.) 

Note — The  law  creating  a State  Board 
of  Coal  Mining  is  omitted,  for  the  reason 
that  same  is  inoperative,  no  board  hav- 
ing been  appointed  since  the  enactment 
of  the  law,  and  no  appropriation  to  de- 
fray expenses  of  board  was  made. 


DAMAGES:  Mining — Fellow  Servants. 

Sec.  5440.  I Mine  operator  liable  for 
acts  of  agents  and  servants. — That  every 


62 


person,  company  or  corporation  operat- 
ing a mine  or  mines  in  this  state  pro- 
ducing lead,  zinc,  coal  or  other  valuable 
minerals,  shall  be  liable  for  all  damages 
sustained  by  any  agent  or  servant  there-  / 
of  while  engaged  in  operating  such  mine 
or  mines,  by  reason  of  the  negligence  of 
any  other  agent  or  servant  thereof: 
Provided,  that  it  may  be  shown  in  deV 
fense  that  the  person  injured  was  guilty 
of  negligence  contributing  as  a proxi- 
mate cause  to  produce  the  injury.  (Laws 
1907,  p.  104.) 

Sec.  5441.  Certain  persons  declared 
fellow  servants. — That  all  persons  en- 
gaged in  the  service  of  any  such  person, 
company  or  corporation  doing  business 
in  this  state,  who  are  entrusted  by  such 
person,  company  or  corporation  with  the 
authority  of  superintendence,  control  or 
command  of  other  persons  in  the  em- 
ploy or  service  of  such  person,  company 
or  corporation,  or  with  authority  to  di- 
rect any  other  servant  in  the  perform- 
ance of  any  duty  of  such  servant,  or 
with  the  duty  of  inspection  or  other 
duty  owing  by  the  master  to  the  ser- 
vant, are  vice-principals  of  such  person, 
company  or  corporation,  and  are  not 
fellow-servants  with  such  employes. 
(Laws  1907,  p.  104.) 

Sec.  5442.  Fellow  servants  defined. — 
That  all  persons  who  are  engaged  in  the 
common  service  of  such  person,  com- 
pany or  corporation  operating  a mine 
or  mines,  and  while  so  engaged  are  work- 


63 


ing  together  at  the  same  time  and  place 
to  a common  purpose  of  the  same  grade, 
neither  of  such  persons  being  entrusted 
by  such  person,  company  or  corpora- 
^tion  v/ith  any  superintendence  or  con- 
trol over  their  fellow-employes,  are  fel- 
low-servants with  each  other.  (Laws 

1907,  p.  104.) 

Sec.  5443.  Certain  contracts  declared 

void. — No  contracts  made  between  any 
person,  company  or  corporation  so  oper- 
ating such  mine  or  mines  and  their 
agents  or  servants,  based  upon  the  con- 
tingency of  the  injury  or  death  to  any 
such  agent  or  servant,  limiting  the  lia- 
bility of  the  employer  for  any  damages 
under  the  provisions  of  this  act,  shall  be 
valid  or  binding,  but  all  such  contracts 
or  agreements  shall  be  null  and  void. 
(Laws  1907,  p.  104.) 

Sec.  5444.  Certain  employes  exempt 
from  provisions  of  act. — Nothing  in  this 
act  shall  be  so  construed  as  applying  to 
or  'including  the  operation,  construction 
or  repairing  of  concentrating  mills, 
flumes  or  tramways  wholly  above 
ground.  (Laws  1907,  p.  104.) 

Sec.  5445.  Survival  of  right  of  action,  , 
in  favor  of  whom,  and  when. — Whenever 
any  cause  of  action  shall  accrue  to  any 
agent  or  servant  of  any  person,  com- 
pany or  corporation  under  an  act  en- 
titled “An  act  to  define  the  liabilities  of 
mine  operators  in  relation  to  damages 
sustained  by  their  employes,  and  to  de- 
fine who  are  fellow-servants  and  who 


64 

are  not  fellow-servants,  and  to  prohibit 
contracts  limiting  liability  under  this 
act,^’  approved  May  lo,  1907,  and  death 
shall  ensue  to  such  agent  or  servant  by 
reason  of  the  negligence  provided  for'^' 
in  said  act,  the  cause  of  action  shall  sur- 
vive in  favor  of  the  widow  and  minor 
children  of  the  deceased:  Provided,  that 
action  therefor  shall  be  brought  by  the 
widow  within  six  months  after  such 
death,  and  if  she  shall  fail  to  bring  such 
action,  then  within  twelve  months  after 
such  death  by  such  minor  children;  and 
provided,  farther,  that  recovery  in  case 
of  such  death  shall  not  exceed  the  sum 
of  ten  thousand  dollars.  (Laws  1907,  P- 
104,  amended.  Laws  1909,  p.  463.) 


INDEX 


General  laws  applying  to  mines,  mining  and 
mine  inspection. 

ACCIDENTS—  Sec.  Page, 

coroner  to  be  notified,  when.  . 8462  45 

inspector  to  be  informed  of.  . 8462  45 

. inspector  to  go  to  scene,  when.  8462  45 

^inspector  to  make  report  of . . . 8462  45 

inspector  to  take  deposition.  . . 8462  45 

mine  operator  liable 5440  61 

right  of  action 8471  55 

ACTION— 

mine  operator  liable 5440  61 

right  of,  for  injury  or  death..  8470  54 

survival  of  right  of 5445  63 

BOILER  IRON— 

cages  to  be  covered  with 8456  39 

BOUNDARY— 

map  showing  same 8441  29 

relative  to  mining  claims 8414  10 

BUREAU  OP  MINES — 

established 8464  46 

inspection  districts — state  di- 
vided   8464  46 

inspectors,  how  appointed....  8464  46 

number  of  state  mine  inspectors  8464  46 

office,  where  located 8464  46 

qualifications  of  inspectors....  8464  46 

salary  of  inspectors 8464  46 

secretary  of  — appointment  — 

duties,  etc 8464  46 

CAGES— 

covered  with  boiler  iron 8456  39 

limited  to  twelve  persons 8457  41 

not  to  ride  on  when  loaded...  8457  41 

safety  catches  for 8456  39 

to  be  supplied  with  guides.  ...  8456  39 

COAL  MINES — (see  special  laws.) 


(65) 


66 


CONTRACTS — Sec.  Page. 

on  contingency  of  injury  void.  5443  63 

COUNTY  COURT— 

copy  of  mine  map  filed  with.  . 8441  29 

mine  map  to  be  corrected.  ...  8441  29/ 

COURT — 

injunction  granted,  when..,..  8413  9 

power  of  court 8413  9 

DAY—  t 

eight  hours  for  miners 8437  'Hi 

/ DAMAGES — 

mine  operator  liable 5440-  61 

survival  of  right  of  action...  5445'  63 

DEPOSITIONS — 

inspector  to  take,  when 8462  45 

EIGHT  HOURS— 

day’s  work  for  miners 8437  27 

EMPLOYES— 

age,  limit  of 8456  39 

brought  to  surface  for  meals.  . 8439  28 

certain  persons  not  to  work.  . 8456  39 

eight  hours  labor 8438  28 

fellow  servants  defined 5442  62 

fellow  servants,  who  exempt.  . 5444  63 

in  charge  of  hoisting  ma- 
chinery   8457  41 

limited  number  on  cage 8457  41 

mines  employing  ten  or  more.  8441  29 

not  permitted  on  loaded  cage.  . 8457  41 

right  of  action 8470  54 

wages,  etc 8435  26 

ENGINEER — 

qualification — age  limit  8457  41 

EXCAVATION — , 

under  public  highways 8427  20 

EXPLOSIONS — (see  accidents.) 

FELLOW  SERVANTS— 

defined  5442  62 

employes  exempt  5444  63^ 

mine  operators  liable 5440  61 

FORFEITURE- 

of  rights  to  work  mine 8409  4 


6; 


GUIDES — Sec.  Page. 

required  on  cages 8456  39 

HIGHWAYS — (see  public  highways.) 
HOISTING— 

^ means  of  signaling  required.  . 7456  39 

person  in  control  of  machinery.  8457  41 

props  or  rails  not  to  be 

lowered,  when 8456  39 

INSPECTORS— 

' accidents,  causes  investigated.  8462  45 

districts — state  divided,  how.  . 8464  46 

duties  regarding  health  and 

safety  8465  48 

how  appointed — duty  of — term.-  8464  46 

may  enter  any  mine 8467  50 

personnel  of  bureau 1 

salary  of  8464  46 

to  be  notified  of  abandoned 

works  8441  2 9 

to  close  mine,  when  and  how.  8467  50 

to  go  to  scene  of  accident,  when  8462  45 

to  make  map,  when 8442  31 

to  make  report  of  accidents...  8462  45 

to  make  report  to  Governor.  . . 8465  48 

to  take  depositions,  when....  8462  45 

INJUNCTION— 

dissolution  application 8413  9 

inspector  to  proceed  by,  when.  8467  50 

power  of  court 8413  9 

to  enjoin  working  of  mine....  8413  9 

JUSTICE  OF  THE  PEACE — 

survey  ordered  by 8414  10 

UANDS — 

working  beyond  boundary.  ...  8414  10 

LEAD  AND  ZINC  MINES— (see 
special  laws. ) 

LEASEHOLD— 

terms  of,  posted 8408  3 

LESSEE — (see  operator.) 

MAPS — 

of  mines  to  be  prepared 8441  29 

of  mine  made  by  inspector,  when  8442  31 


68 


MEALS—  Sec.  Page. 

miners  brought  to  surface  for.  8439  28 

MINING— 

relative  to  royalty 8410  7 

royalty  paid  when 8409  6 

MINES — 

abandoned,  how  8441  29 

boundary  lines  8441  29 

boundary,  relation  to 8414  10 

closed  by  inspector,  how 8467  ^ 

injunction  or  restraining  orders  8413  9 

inspector  may  enter 8467  - 50 

new  operations  ,to  be  reported.  8465  48 

MINERAL— 

notice  to  landowner 8411  7 

royalty  paid  when 8409  6 

sale  of  8412  8 

MINERAL  LANDS— 

permit  to  mine,  forfeited  when  8408  3 

permit  to  mine  posted 8408  3 

OATHS — ( see  accidents. ) 

OPERATORS— 

hoisting  machinery  operated 

.by  whom  8457  41 

mine  map,  relative  to 8442  31 

to  furnish  facilities  to  enter 

mine  . 8467  50 

to  furnish  inspector  map 8441  29 

to  keep  supply  of  prop  timber.  8473  56 

to  make  map  of  mine 8441  29 

to  make  report,  when 8465  48 

to  provide  means  of  signaling.  8456  39 

to  report  new  mines 8465  '48 

to  require  monthly  statement 

from  Avhom  8465  48 

ORE  AND  OTHER  MINERALS — 

sale  of  8412  8 

OWNERS — ( see  operators. ) 

PENALTIES — 

excavating  under  highways — 8429  21 

for  failure  to  bring  miners  to 

surface,  when  8439  28 


69 


PENALTIES — Continued — Sec.  Page, 

for  failure  to  make  report. . . . 8466  50 

for  failure  to  pay  employes.  . . 8435  26 

for  failure  to  report  accidents.  8462  46 

^ for  general  misdeeds  in  mine.  8472  55 

for  hindering  making  of  survey  8416  11 

for  injury  to  mining  property.  8472  55 

for  violation  of  eight-hour  law.  8438  28 

for  violations  when  penalty  is 


not  otherwise  fixed 8463  46 

relative  to  age  limit — safety 

catches — signaling,  etc 8456  39 

PROP  TIMBERS — 

sufficient  supply  required 8473  56 

PUBLIC  HIGHWAYS— 

excavation  under,  prohibited.  . 8428  20 

RAILROADS— 

excavating  under,  prohibited.  . 8427  20 

REPORT— 

by  inspectors  to  governor.  ...  8465  48 

delinquents  reported  to  prose- 
cuting attorney  8466  50 

RIGHTS  OP  MINERS— 

forfeiture  of  rights 8408  3 

forfeiture  of  rights 8409  4 

terms  and  conditions  to  be 

posted 8408  3 

ROYALTY  FOR  MINING — 

paid  when  8409  6 

tender  of  payment 8410  7 

SAFETY  CATCHES— 

on  cages  required 8456  39 

SALARIES — (see  bureau  of  mines.) 

SALES— 

report  of,  sent  to  inspector...  8465  48 


SECRETARY — (see  bureau  of  mines.) 


SIGNALINGS— 

suitable  means  of,  reqviired...  8456  39 

^ SURVEYOR— 

to  make  survey 8414  10 

to  read  order 8415  11 


r 


70 


WAGES—  Sec.  Page. 

operators  may  withhold 8435  26 

paid  semi-monthly  8435  26 


WITNESSES — (see  accidents.) 


Special  laws  applying  to  coal  mines. 

(See  general  laws.) 
ACCIDENTS — (see  general  laws.) 

AIR — (see  ventilation.) 

AIR  CURRENTS — (see  ventilation.) 


APPLICATION  of  certain  sec- 
tions   8427 

BLASTING  HOLES— 

charged  how  8449 

BOARD— 

of  mining  8480 

BOILERS— 

examination  certified  to  in- 
spector   8461 

steam — examined  semi-annually  8461 
BOND — 

amount  required  8422 

circuit  court  to  approve 8420 

indemnity  required  8419 

sureties  required  8423 

BORE  HOLES— 

kept  twenty  feet  in  advance.  . 8455 
CAGES— 

covered  with  boiler  iron 8456 

number  of  men  to  ride  in....  8457 
CHECK- WEIGHMAN—  ( see  weighing. ) 
CITIES — 

indemnity  bond  required 8419 

permit  issued  by 8421 

DAY— 

eight  hours — (see  general  law.) 
DIAGRAM  OP  MINE— 

county  surveyor  to  make 8426 

filed  with  circuit  clerk 8426 


forfeiture  of  mining  privilege.  8426 


20 

36 

61 


44 

44 

16 

14 

14 

17 

39 

39 

41 


14 

15 


19 

19 

19 


71 


DOORS — Sec.  Page. 

how  constructed  8445  33 

DRIFTS— 

outlets  required  8443  31 

i EIGHT  HOURS— (see  general  law.) 
EMPLOYES— 

blasting  holes,  how  charged.  . 8449  36 

eight  hours  labor 8437  27 

# escapement  shafts  for 8443  31 

experience  required  to  handle 

explosives 8448  35 

liens,  etc 8436  27 

limited  in  certain  mines 8443  31 

loaders,  duties  of  8433  25 

qualification  of  miners 8479  60 

screening  coal  8430  21 

semi-weekly  inspection 8458  41 

wages  8435  26 

weighman,  duties  of,  etc 8431  22 

ESCAPEMENT — 

shaft,  how  constructed 8443  31 

EXLOSIVES— 

experienced  person  to  handle.  8448  35 

to  be  kept  in  strong  box 8477  58 

FIRE  DAMP— 

relative  to  8445  33 

GAS— 

mines  generating  8447  34 

mines  to  be  examined  daily.  . 8447  34 

HOISTING— 

coal  not  to  be  hoisted,  when.  . 8457  41 

competent  persons  at  top  and 

bottom  of  shaft 8460  43 

semi- weekly  inspection  8458  41 

velocity  of 8457  41 

INSPECTO  ^ 

boiler  ex;---"  Ta^ion  certified  to.  8461  44 

of  weigliLo,  measures  and  scales  8434  25 

to  determine  number  to  ride 
cage 8457  41 

1 


72 


INSPECTOR — Continued — Sec.  Page, 

to  examine  daily  record  of  gase- 
ous mines  8447  34 

to  give  notice  of  new  law.  ...  8476  58 

to  make  test  of  oils 8454  39 

to  order  room  sealed 8474  56 

to  pass  on  qualifications  of 

miner 8479  60 

to  test  scales 8434  3 5 

ventilation  inspected  by 8445  35 

LIENS— 

employes  have,  for  work  done.  8436  27 

property  subject  to 8436  27 

LOADERS— 

manner  of  weighing 8433  25 


LOWERING — (see  hoisting.) 

MAP  OP  MINE — (see  diagram. ) 

MINERS — (see  employes.)  ' 

MINES — 

abandoned,  rooms  to  be  sealed.  8474  56 


abandoned,  securely  fenced.  . . 8461  44 

dry  and  dusty — regulation  for.  8449  36 

examined  daily,  when 8447  34 

method  of  working 84  <4  56 

MINING — 

board  of — powers,  etc 8480  61 

NOTICE— 

of  intention  to  mine 8420  14 

OILS— 

barrels  or  packages  branded, 

how 8452  3b 

for  illuminating  purposes 8452  36 

inspector  to  make  test 8454  39 

test  of  8452  36 

violations  prosecuted,  how.  ...  8454  39 

OPERATOR — 

can  employ  only  five  men,  when  8443  31 

relative  to  twenty-five  men 

employed 8460  43 

to  construct  escapement  shaft.  8443  31 


73 


OPERATOR — Continued — Sec.  Page, 

to  employ  competent  person  at 

top  of  shaft — duty  of 8460  43 

to  keep  bore-holes,  how 8455  39 

to  maintain  semi-weekly  in- 
spection   8458  41 

OUTLETS — (see  shafts.) 

OWNER — (see  operator.) 

PENALTIES— 

^ failure  to  employ  shot-firers..  8478  60 

failure  to  employ  man  at  top 

of  shaft  8460  43 

failure  to  file  diagram 8426  19 

failure  to  keep  powder  in  strong 

box  8478  60 

failure  to  keep  roadways  clean.  8443  31 

failure  to  properly  adjust 

scales 8434  26 

failure  to  provide  escapement.  8444  32 

failure  to  provide  semi-weekly 

inspection  8459  42 

failure  to  qualify  as  miner ....  8479  60 

for  mining  without  permit....  8424  18 

for  screening  coal  before  weigh- 
ing   8430  21 

for  using  false  scales 8432  24 

for  violation  of  certain  sections  8451  36 

if  oils  are  not  branded 8453  38 

indemnity  bond,  failure  to  se- 
cure   8419  14 

relative  to  entries  and  crosscuts  8474  56 

relative  to  weighing 8431  22 

PERMIT  TO  MINE— 

circuit  court  to  hear  testimony  8422  16 

cost  paid,  how 8425  19 

mayor  and  council  to  issue.  ...  8421  15 

permission  of  property  owners  8424  18 

PILLAR  AND  ROOM — 

(see  room  and  pillar.) 

PLAT  OP  MINE — (see  diagram.) 


r 


74 


POWDER — Sec.  Pa&e. 

in  dry  and  dusty  mines 8449  36 

PUBLICATION  OF — 

intention  to  mine 8420  14 

ROADWAYS— 

to  be  kept  clean 8443  31 

ROOM  AND  PILLAR— 

abandoned  rooms  to  be  sealed.  8474  56 

method  of  working* 8474  56 

two  entries  necessary 8474 

when  five  or  more  persons  are 

employed  8474  56 

SCALES — (see  weighing.) 

SCREENINGLt- 

before  weighing  prohibited.  . . 8430  21 

SHAFTS— 

air  shaft  no  escapement  shaft.  8443  31 

escapements,  how  constructed.  . 8443  31 

top  of,  to  be  fenced.... 8461  44 

SHOT  FIRERS— 

to  be  employed,  when 8477  58 

SIGNALING — 

between  stepping  places 8461  44 

SLOPE — 

entrance  fenced  8461  44 

outlets  required  8443  31 

SPLITS — (see  ventilation.) 

STATE  MINING  BOARD 8480  61 

STEAM  BOILERS— (see  boilers.) 

SUMPS— 

to  be  planked  over 8450  36 

TRAPPER — 

to  be  employed,  when 8445  33 

TRAVELING  WAYS— 

through  shafts,  etc 8450  36 

VENTILATION — 

air  shaft  separate 8443  31 

boy  or  trapper  to  be  employed, 

when  8445  33 

cross-cuts  necessary  8474  56 

doors,  how  constructed 8445  33 


75 


VENTILATION — Continued — Sec.  Page, 

gas — number  of  men — splits.  . 8447  34 

good  and  sufficient — amount 

required  8445  83 

inspector  to  make  inspection.  8445  33 

\ means  of  providing 8445  33 

relative  to  splits 8445  33 

separate  air  currents  required.  8446  34 

WAGES — (see  general  law.) 

^employes’  lien  8436  27 

WEIGHING — 

duty  of  loaders 8433  25 

inspection  of  scales 8434  25 

miners  may  select  weighman.  8431  22 

powers  of  special  weighman...  8431  22 

scales  located  where 8432  24 

to  be  done  before  screening...  8430  21 

weighman  to  take  oath 8431  22 

WEIGHTS,  MEASURES  AND 

SCALES 8434  25 

ZINC  AND  LEAD  MINES— 

(see  special  laws.) 


Special  laws  applying  to  all  mines  other 
than  coal. 

(See  General  Laws.) 
ACCIDENTS — (see  general  law.) 


AIR  HOLES— 

required,  when  8469  53 

DAY— 

eight  hours — (see  general  law.) 
DRAINAGE— 

of  mine  8417  12 

EMPLOYES — 

eight  hours  labor 8437  27 

wages 8435  26 

INSPECTORS— 

duties,  powers,  etc 8468  52 

to  inspect  all  underground  ex- 
cavations   8469  53 


f 


76 


LESSEE—  Sec.  Page. 

drainage  of  mine 8417  12 

pump-rent 8417  12 

MINE— 

when  dangerous  to  be  closed.  . 8468  52 

ORE— 

scrapping  for,  prohibited 8418  13 

OWNER— 

drainage  of  mine 8417  12 

pump-rent  8417  '^2 

PENALTIES— 

failure  to  provide  proper  venti- 
lation   8470  54 

scrapping  prohibited  8418  13 

PUMP  RENT— 

not  collectible,  when 8417  12 

ROYALTY— 

not  collectible,  when 8417  12 

SCRAPPING— 

prohibited 8418  13 

SHAFTS — 

to  sink  another,  when 8468  52 

VENTILATION — 

inspection  of  8469  53 

WAGES — (see  general  law.) 


V 


' i 

'1 


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